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REGISTER RULES CyberDrive Illinois

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REGISTER RULES CyberDrive Illinois Powered By Docstoc
					              2012
ILLINOIS
REGISTER
                            RULES
                         Rules of
                          OF GOVERNMENTAL
                         Governmental Agencies
                            AGENCIES




                         Volume 36, Issue 9

                         March 2, 2012

                         Pages 3153-3311




                           Index Department
                           Administrative Code Division
                         Index Department
                           111 E. Monroe St.
                         Administrative Code Division
                           Springfield, IL 62756
                         111 E. Monroe St.
                         Springfield, IL 62756
                           217-782-7017
                         217-782-7017
                           www.cyberdriveillinois.com


                                   Printed on recycled paper

                         Printed by authority of the State of Illinois. March 2012 — 75


PUBLISHED BY JESSE WHITE • SECRETARY OF STATE
                                          TABLE OF CONTENTS

                                     March 2, 2012 Volume 36, Issue 9

PROPOSED RULES
     CENTRAL MANAGEMENT SERVICES, DEPARTMENT OF
          Conditions of Employment
               80 Ill. Adm. Code 303...................................................................3153
     RACING BOARD, ILLINOIS
          Medication
               11 Ill. Adm. Code 603...................................................................3162
     WORKERS' COMPENSATION COMMISSION, ILLINOIS
          Miscellaneous
               50 Ill. Adm. Code 7110.................................................................3164
ADOPTED RULES
     OFFICE OF THE STATE FIRE MARSHAL
          Administrative Requirements for Underground Storage Tanks and
          the Storage, Transportation, Sale and Use of Petroleum and Other
          Regulated Substances
               41 Ill. Adm. Code 176...................................................................3187
     PUBLIC HEALTH, DEPARTMENT OF
          Emergency Medical Services and Trauma Center Code
               77 Ill. Adm. Code 515...................................................................3208
     SECRETARY OF STATE
          Illinois State Library, Library Operations Division
               23 Ill. Adm. Code 3010.................................................................3217
          Illinois State Library, Government Documents Section
               23 Ill. Adm. Code 3020.................................................................3248
     STATE TREASURER, OFFICE OF THE
          Access to Information (Repealer)
               2 Ill. Adm. Code 651.....................................................................3259
          Access to Records of the Office of the Illinois State Treasurer
               2 Ill. Adm. Code 651.....................................................................3261
EMERGENCY RULES
     RACING BOARD, ILLINOIS
          Medication
               11 Ill. Adm. Code 603...................................................................3290
NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENTS
     PUBLIC HEALTH, DEPARTMENT OF
          Sheltered Care Facilities Code
               77 Ill. Adm. Code 330...................................................................3302
          Illinois Veterans' Homes Code
               77 Ill. Adm. Code 340...................................................................3303
OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN
THE ILLINOIS REGISTER

                                                      i
     LABOR, DEPARTMENT OF
           Notice of Publication Error...................................................................3304
JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA
     JOINT COMMITTEE ON ADMINISTRATIVE RULES
           March Agenda .......................................................................................3305
SECOND NOTICES RECEIVED
     JOINT COMMITTEE ON ADMINISTRATIVE RULES
           Second Notices Received......................................................................3310




                                                         ii
                                          INTRODUCTION

The Illinois Register is the official state document for publishing public notice of rulemaking
activity initiated by State governmental agencies. The table of contents is arranged categorically by
rulemaking activity and alphabetically by agency within each category.

Rulemaking activity consists of proposed or adopted new rules; amendments to or repealers of
existing rules; and rules promulgated by emergency or peremptory action. Executive Orders and
Proclamations issued by the Governor; notices of public information required by State Statute; and
activities (meeting agendas; Statements of Objection or Recommendation, etc.) of the Joint
Committee on Administrative Rules (JCAR), a legislative oversight committee which monitors the
rulemaking activities of State Agencies; is also published in the Register.

The Register is a weekly update of the Illinois Administrative Code (a compilation of the rules
adopted by State agencies). The most recent edition of the Code, along with the Register, comprise
the most current accounting of State agencies’ rulemakings.

The Illinois Register is the property of the State of Illinois, granted by the authority of the Illinois
Administrative Procedure Act [5 ILCS 100/1-1, et seq.].
                ILLINOIS REGISTER PUBLICATION SCHEDULE FOR 2012

            Issue #                Rules Due Date                       Date of Issue
               1                December 27, 2011                      January 6, 2012
               2                  January 3, 2012                     January 13, 2012
               3                  January 9, 2012                     January 20, 2012
               4                 January 17, 2012                     January 27, 2012
               5                 January 23, 2012                     February 3, 2012
               6                 January 30, 2012                     February 10, 2012
               7                 February 6, 2012                     February 17, 2012
               8                February 14, 2012                     February 24, 2012
               9                February 21, 2012                       March 2, 2012
              10                February 27, 2012                       March 9, 2012
              11                   March 5, 2012                       March 16, 2012
              12                  March 12, 2012                       March 23, 2012
              13                  March 19, 2012                       March 30, 2012
              14                  March 26, 2012                        April 6, 2012
              15                   April 2, 2012                        April 13, 2012
              16                   April 9, 2012                        April 20, 2012
              17                   April 16, 2012                       April 27, 2012
              18                   April 23, 2012                        May 4, 2012
              19                   April 30, 2012                       May 11, 2012
              20                    May 7, 2012                         May 18, 2012
              21                   May 14, 2012                         May 25, 2012
              22                   May 21, 2012                          June 1, 2012
              23                   May 29, 2012                          June 8, 2012
                                              iii
24       June 4, 2012        June 15, 2012
25      June 11, 2012        June 22, 2012
26      June 18, 2012        June 29, 2012
27      June 25, 2012         July 6, 2012
28       July 2, 2012        July 13, 2012
29       July 9, 2012        July 20, 2012
30      July 16, 2012        July 27, 2012
31      July 23, 2012       August 3, 2012
32      July 30, 2012      August 10, 2012
33     August 6, 2012      August 17, 2012
34    August 13, 2012      August 24, 2012
35    August 20, 2012      August 31, 2012
36    August 27, 2012     September 7, 2012
37   September 4, 2012    September 14, 2012
38   September 10, 2012   September 21, 2012
39   September 17, 2012   September 28, 2012
40   September 24, 2012     October 5, 2012
41     October 1, 2012     October 12, 2012
42     October 9, 2012     October 19, 2012
43    October 15, 2012     October 26, 2012
44    October 22, 2012    November 2, 2012
45    October 29, 2012    November 9, 2012
46   November 5, 2012     November 16, 2012
47   November 13, 2012    November 26, 2012
48   November 19, 2012    November 30, 2012
49   November 26, 2012     December 7, 2012
50    December 3, 2012    December 14, 2012
51   December 10, 2012    December 21, 2012
52   December 17, 2012    December 28, 2012




                 iv
                                    ILLINOIS REGISTER                                       3153
                                                                                           12
               DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF PROPOSED AMENDMENT

1)    Heading of the Part: Conditions of Employment

2)    Code Citation: 80 Ill. Adm. Code 303

3)    Section Numbers:              Proposed Action:
      303.165                       New Section
      303.166                       New Section
      303.175                       Amendment

4)    Statutory Authority: Implementing and authorized by the Personnel Code [20 ILCS 415],
      the Organ Donor Leave Act [5 ILCS 327], the Family Military Leave Act [820 ILCS
      151] and the Civil Air Patrol Leave Act [820 ILCS 148]

5)    A Complete Description of the Subjects and Issues Involved: Section 303.165 will
      create rules, bringing us into compliance with the Family Military Leave Act. Section
      303.166 will create rules for Civil Air Patrol Leave, bringing us into compliance with
      P.A. 95-763. Section 303.175 involves a change to allow Disaster Service Leave with
      Pay to a certified disaster service volunteer following the declaration of a disaster by
      proclamation of the Governor pursuant to PA 97-345.

6)    Published studies or reports, and sources of underlying data, used to compose this
      rulemaking: None

7)    Will this rulemaking replace any emergency rulemaking currently in effect? No

8)    Does this rulemaking contain an automatic repeal date? No

9)    Does this rulemaking contain incorporations by reference? No

10)   Are there any other proposed rulemakings pending on this Part? No

11)   Statement of Statewide Policy Objectives: These proposed amendments neither create
      nor expand any State mandate on units of local government, school districts or
      community college districts.

12)   Time, Place and Manner in which interested persons may comment on this proposed
      rulemaking: Interested persons may submit written comments within 45 days after the
      date of publication to:
                                     ILLINOIS REGISTER                                     3154
                                                                                          12
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                           NOTICE OF PROPOSED AMENDMENT

              Mary Matheny
              Department of Central Management Services
              720 Stratton Office Building
              Springfield, Illinois 62706

              Phone: 217/557-5404
              Fax: 217/558-2697
              Email: mary.matheny@illinois.gov

13)    Initial Regulatory Flexibility Analysis:

       A)     Types of small businesses, small municipalities and not for profit corporations
              affected: None

       B)     Reporting, bookkeeping or other procedures required for compliance: None
              beyond those already in place at CMS.

       C)     Types of professional skills necessary for compliance: None beyond those
              already in place at CMS.

14)    Regulatory Agenda on which this rulemaking was summarized: January 2012

The full text of the Proposed Amendment appears on the next page.
                                  ILLINOIS REGISTER               3155
                                                                 12
              DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                        NOTICE OF PROPOSED AMENDMENT

                  TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
                SUBTITLE B: PERSONNEL RULES, PAY PLANS, AND
                           POSITION CLASSIFICATIONS
          CHAPTER I: DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                                    PART 303
                           CONDITIONS OF EMPLOYMENT

                       SUBPART A: GRIEVANCE PROCEDURE

Section
303.10       Definition of a Grievance
303.20       Procedure
303.30       Grievance Committee
303.45       Representation

                          SUBPART B: LEAVE OF ABSENCE

Section
303.90       Sick Leave
303.100      Accumulation of Sick Leave
303.102      Payment in Lieu of Sick Leave
303.105      Reinstatement of Sick Leave
303.110      Advancement of Sick Leave
303.112      Sick Leave Bank
303.115      Veterans Hospital Leave
303.120      Furlough Program
303.125      Leave for Personal Business
303.130      Maternity/Paternity and Adoption Leave
303.131      Leave in the Event of a Stillborn Child
303.135      On-The-Job Injury – Industrial Disease
303.140      Leaves of Absence Without Pay
303.142      Leave to Attend Union Conventions
303.145      Disability Leave
303.148      Family Responsibility Leave
303.149      Organ Donor Leave
303.150      Employee Rights After Leave
303.153      Failure to Return
303.155      Leave to Take Exempt Position
                               ILLINOIS REGISTER                3156
                                                               12
           DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                     NOTICE OF PROPOSED AMENDMENT

303.160   Military and Peace Corps Leave
303.165   Family Military Leave
303.166   Civil Air Patrol Leave
303.170   Military Reserve Training and Emergency Call-Up
303.171   Leave for Military Physical Examinations
303.175   Disaster Service Leave With Pay
303.176   Disaster Service Leave With Pay – Terrorist Attack
303.180   Attendance in Court
303.190   Authorized Holidays
303.200   Holiday Observance
303.215   Payment for Holidays
303.220   Holiday During Vacation
303.225   Eligibility for Holiday Pay
303.250   Vacation Eligibility
303.260   Prorated Vacation for Part-Time Employees
303.270   Vacation Schedule and Loss of Earned Vacation
303.290   Payment in Lieu of Vacation
303.295   Vacation Benefits on Death of Employee

                SUBPART C: WORK HOURS AND SCHEDULES

Section
303.300   Work Schedules
303.310   Emergency Shut-Down
303.320   Overtime
303.330   Overtime Payable Upon Death
303.340   Attendance Records
303.350   Notification of Absence
303.355   Review of Attendance Records

              SUBPART D: UNDATED OR INCOMPLETE FORMS

Section
303.360   Undated Forms
303.370   Incomplete Forms

                    SUBPART E: EMPLOYEE SEPARATIONS

Section
                                     ILLINOIS REGISTER                                     3157
                                                                                          12
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                           NOTICE OF PROPOSED AMENDMENT

303.380       Reason for Separation
303.385       Repayment of Benefit Time

                        SUBPART F: TUITION REIMBURSEMENT

Section
303.390       Tuition Reimbursement

AUTHORITY: Implementing and authorized by the Personnel Code [20 ILCS 415] and the
Organ Donor Leave Act [5 ILCS 327].

SOURCE: Filed May 29, 1975; amended at 3 Ill. Reg. 22, p. 78, effective June 1, 1979;
amended at 3 Ill. Reg. 26, p. 199, effective July 1, 1979; emergency amendment at 3 Ill. Reg. 48,
p. 188, effective January 1, 1980, for a maximum of 150 days; amended at 4 Ill. Reg. 11, p. 70,
effective March 1, 1980; amended at 4 Ill. Reg. 15, p. 216, effective March 31, 1980; amended at
4 Ill. Reg. 22, p. 227, effective June 1, 1980; amended at 5 Ill. Reg. 8029, effective August 1,
1981; codified at 7 Ill. Reg. 13209; emergency amendment at 8 Ill. Reg. 329, effective January 1,
1984, for a maximum of 150 days; amended at 8 Ill. Reg. 7788, effective May 23, 1984;
amended at 14 Ill. Reg. 3433, effective February 27, 1990; emergency amendment at 15 Ill. Reg.
5076, effective March 20, 1991, for a maximum of 150 days; emergency expired August 17,
1991; amended at 15 Ill. Reg. 5214, effective April 2, 1991; amended at 15 Ill. Reg. 14067,
effective September 12, 1991; amended at 16 Ill. Reg. 8368, effective May 21, 1992; amended at
17 Ill. Reg. 5587, effective March 29, 1993; amended at 19 Ill. Reg. 8130, effective June 7,
1995; amended at 19 Ill. Reg. 11775, effective August 7, 1995; emergency amendment at 21 Ill.
Reg. 11291, effective July 22, 1997, for a maximum of 150 days; amended at 21 Ill. Reg. 15454,
effective November 24, 1997; amended at 23 Ill. Reg. 13815, effective November 4, 1999;
emergency amendment at 24 Ill. Reg. 16694, effective October 27, 2000, for a maximum of 150
days; amended at 25 Ill. Reg. 4847, effective March 19, 2001; emergency amendment at 25 Ill.
Reg. 12429, effective September 14, 2001, for a maximum of 150 days; amended at 26 Ill. Reg.
1138, effective January 18, 2002; amended at 27 Ill. Reg. 9008, effective May 23, 2003;
emergency amendment at 28 Ill. Reg. 9677, effective July 1, 2004, for a maximum of 150 days;
emergency expired November 27, 2004; emergency amendment at 28 Ill. Reg. 13795, effective
October 1, 2004, for a maximum of 150 days; emergency expired February 27, 2005; amended at
28 Ill. Reg. 16308, effective December 3, 2004; amended at 30 Ill. Reg. 329, effective December
30, 2005; amended at 30 Ill. Reg. 13857, effective August 2, 2006; emergency amendment at 32
Ill. Reg. 19944, effective December 9, 2008, for a maximum of 150 days; amended at 33 Ill.
Reg. 6503, effective April 23, 2009; emergency amendment at 33 Ill. Reg. 12032, effective
August 7, 2009, for a maximum of 150 days; amended at 33 Ill. Reg. 16801, effective November
24, 2009; emergency amendment at 34 Ill. Reg. 12985, effective August 20, 2010, for a
                                     ILLINOIS REGISTER                                       3158
                                                                                            12
                DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                          NOTICE OF PROPOSED AMENDMENT

maximum of 150 days; amended at 35 Ill. Reg. 1587, effective January 14, 2011; amended at 36
Ill. Reg. ______, effective ____________.

                            SUBPART B: LEAVE OF ABSENCE

Section 303.165 Family Military Leave

              a)      An employee who is the current spouse, civil union partner or parent of a
              person called to military service lasting longer than 30 days with a state or the
              United States, pursuant to the order of the Governor or the President, who wishes
              to be absent from work in order to meet or fulfill responsibilities arising from the
              employee's role in his or her family or as head of the household, is eligible to
              request up to 30 days of unpaid Family Military Leave (FML) during the time the
              State or federal deployment orders are in effect.

       b)     The leave shall be granted to an employee who has been employed for at least 12
              months and has worked at least 1,250 hours during the 12-month period
              immediately preceding the commencement of the leave.

              c)      Any request for FML shall be in writing by the employee submitted not
              less than 14 calendar days in advance of the intended date the FML will
              commence if the leave will consist of 5 or more consecutive workdays.
              Employees requesting FML for less than 5 consecutive workdays shall give as
              much advance notice as is practicable. The employee shall consult with the
              employer to schedule the leave so as not to unduly disrupt the operations of the
              employer.

              d)     Except in cases of emergency, FML shall be taken in full day increments
              only. The employee will be required to document the reason for the emergency
              nature of the need for leave in writing within two days after the employee's return
              to work.

              e)      The employee shall provide certification from the proper military
              authority to verify eligibility for the FML requested.

              f)     An employee shall not be eligible to take FML unless he or she has
              exhausted all accrued vacation leave, personal leave, compensatory leave,
              equivalent earned time, maternity/paternity leave, and any other time away from
              work with pay. Exceptions to this exhaustion requirement are sick leave,
                                    ILLINOIS REGISTER                                       3159
                                                                                           12
               DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                         NOTICE OF PROPOSED AMENDMENT

             disability leave and unpaid leave under the Family Military Leave Act [820 ILCS
             151].

             g)      Upon expiration of the FML, the employee is entitled to be restored to the
             position held by the employee when the leave commenced or to an equivalent
             position. These restoration rights do not apply if the employer establishes that the
             restoration is denied due to conditions unrelated to the employee's exercise of
             rights under the Family Military Leave Act.

             h)     An intermittent employee shall be nonscheduled for the duration of the
             required leave.

             i)      This leave will not extend to any type of appointment that is 6 months or
             less in duration.

             j)    Time utilized under the Family Military Leave Act is not deducted from
             an employee's creditable service, continuous service, vacation accrual or seniority
             date.

      (Source: Added at 36 Ill. Reg. ______, effective ____________)

Section 303.166 Civil Air Patrol Leave

             a)     An employee is eligible to request up to 30 days of unpaid Civil Air Patrol
             Leave (CAPL) to perform a civil air patrol mission.

             b)    CAPL shall be granted to an employee who has been employed for at least
             12 months and has worked at least 1,250 hours during the 12-month period
             immediately preceding the commencement of the leave.

             c)      Any request for CAPL shall be in writing by the employee and submitted
             not less than 14 calendar days in advance of the intended date the CAPL will
             commence if the leave will consist of 5 or more consecutive workdays.
             Employees requesting CAPL for less than 5 consecutive workdays shall give as
             much advance notice as is practicable. The employee shall consult with the
             employer to schedule the leave so as not to unduly disrupt the operations of the
             employer.
                                    ILLINOIS REGISTER                                       3160
                                                                                           12
               DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                         NOTICE OF PROPOSED AMENDMENT

             d)      The employee shall provide certification from the Civil Air Patrol
             authority to verify eligibility for the CAPL requested.

             e)     An employee eligible to take CAPL shall not be required to have
             exhausted all accrued vacation leave, personal leave, compensatory leave,
             equivalent earned time, maternity/paternity leave, sick leave, disability leave, and
             any other time away from work with pay.

             f)      Upon expiration of the leave, the employee is entitled to be restored to the
             position held by the employee when the leave commenced or to an equivalent
             position. These restoration rights do not apply if the employer establishes that the
             restoration is denied due to conditions unrelated to the employee's exercise of
             rights under the Civil Air Patrol Leave Act [820 ILCS 148].

             g)      During any CAPL, an employee shall be allowed to continue his or her
             benefits at his or her own expense, unless previously negotiated with the
             employer.

             h)     An intermittent employee shall be nonscheduled for the duration of the
             required leave.

             i)      This leave will not extend to any type of appointment that is 6 months or
             less in duration.

             j)    Time utilized under the Civil Air Patrol Leave Act is not deducted from an
             employee's creditable service, continuous service, vacation accrual or seniority
             date.

      (Source: Added at 36 Ill. Reg. ______, effective ____________)

Section 303.175 Disaster Service Leave With Pay

      a)     Any employee, except those in temporary, emergency or per diem status, who is a
             certified disaster service volunteer of the American Red Cross or volunteers for
             assignment to the Illinois Emergency Management Agency in accordance with the
             Illinois Emergency Management Agency Act [20 ILCS 3305] or the Emergency
             Management Assistance Compact Act [45 ILCS 151] may be granted leave with
             pay for up to 20 working days in any 12-month period for disasters within the
             United States or its territories. The leave may be granted upon request of the
                             ILLINOIS REGISTER                                     3161
                                                                                  12
        DEPARTMENT OF CENTRAL MANAGEMENT SERVICES

                   NOTICE OF PROPOSED AMENDMENT

       American Red Cross or the Illinois Emergency Management Agency for
       employees to participate in specialized disaster relief services for the American
       Red Cross or for the Illinois Emergency Management Agency. Leaves under this
       Section are subject to approval of the employee's agency considering operating
       needs.

b)     Disasters must be either:

      1)      disasters designated at a Level III and above in the American National
              Red Cross Regulations and Procedures; or

      2)      any disaster declared by proclamation of the Governor under Section 7 of
              the Illinois Emergency Management Agency Act [5 ILCS 335/2].

c)    The American Red Cross and the Illinois Emergency Management Agency shall
      coordinate requests for services outside of Illinois through the Illinois State
      Emergency Operations Center.

(Source: Amended at 36 Ill. Reg. ______, effective ____________)
                                   ILLINOIS REGISTER                                      3162
                                                                                         12
                               ILLINOIS RACING BOARD

                         NOTICE OF PROPOSED AMENDMENTS

1)    Heading of the Part: Medication

2)    Code Citation: 11 Ill. Adm. Code 603

3)    Section Numbers:                     Proposed Action:
      603.60                               Amend
      603.75                               Amend
      603.160                              Amend

4)    Statutory Authority: Section 9(b) of the Illinois Horse Racing Act of 1975 [230 ILCS
      5/9(b)]

5)    A Complete Description of the Subjects and Issues Involved: The proposed amendments
      update the cites referencing the most recent version of the RCI Drug Classification
      Guidelines of Foreign Substances (December 2011, version 3.00).

6)    Published studies or reports and sources of underlying data used to compose this
      rulemaking: None

7)    Will this rulemaking replace any emergency rulemaking currently in effect? Yes

8)    Does this rulemaking contain an automatic repeal date? No

9)    Does this rulemaking contain incorporations by reference? No

10)   Are there any other proposed rulemakings pending in this Part? No

11)   Statement of Statewide Policy Objectives: No local governmental units will be required
      to increase expenditures.

12)   Time, Place and Manner in which interested persons may comment on this proposed
      rulemaking: Written comments should be submitted, within 45 days after this Notice, to:

             Mickey Ezzo
             Illinois Racing Board
             100 West Randolph
             Suite 7-701
             Chicago, Illinois 60601
                                     ILLINOIS REGISTER                                     3163
                                                                                          12
                                 ILLINOIS RACING BOARD

                          NOTICE OF PROPOSED AMENDMENTS

              312/814-5017

13)    Initial Regulatory Flexibility Analysis:

       A)     Types of small businesses, small municipalities and not-for-profit corporations
              affected: None

       B)     Reporting, bookkeeping or other procedures required for compliance: None

      C)      Types of professional skills necessary for compliance: None

14)   Regulatory Agenda which this rulemaking was summarized: This rulemaking was not
      included on either of the two most recent regulatory agendas because: the Board did not
      anticipate the need for this rulemaking at the time the agendas were published.

The full text of the Proposed Amendments is identical to the Emergency Amendments for this
Part and can be found in this issue of the Illinois Register on page 3290.
                                  ILLINOIS REGISTER                                      3164
                                                                                        12
               ILLINOIS WORKERS' COMPENSATION COMMISSION

                        NOTICE OF PROPOSED AMENDMENTS

1)   Heading of the Part: Miscellaneous

2)   Code Citation: 50 Ill. Adm. Code 7110

3)   Section Numbers:             Proposed Action:
     7110.60                      Amendment
     7110.90                      Amendment

4)   Statutory Authority: Section 16 and Section 8.2 of the Workers' Compensation Act [820
     ILCS 305/16; 820 ILCS 305/8.2]

5)   A Complete Description of the Subjects and Issues Involved: Public Act 97-18, effective
     June 28, 2011, made several changes to Section 8.2 of the Workers' Compensation Act
     that sets forth the basis for the Medical Fee Schedule. The Medical Fee Schedule is
     composed of the reimbursement rate for medical services provided for a compensable
     workplace injury. The proposed amendment implements the changes of Public Act 97-18
     that include a 30% reduction to the Medical Fee Schedule effective September 1, 2011; a
     new reimbursement provision for medical implants as 25% above the net manufacturer's
     invoice price less rebates, plus actual and reasonable customary shipping prices; and a
     new provision for the reimbursement of out-of-state medical services.

     The proposed amendment also includes accredited Ambulatory Surgical Treatment
     Facilities (ASTFs) in the Medical Fee Schedule and specifies the organizations providing
     accreditation. The proposed amendment also makes a change to the outlier formula
     trigger within the Hospital Inpatient: Standard and Trauma and the Hospital Outpatient
     Surgical Facility fee schedules that reflects the 30% fee schedule reduction effective
     September 1, 2011.

     Section 7110.60 proposed amendment corrects the Section title.

6)   Any published studies or reports, along with sources of underlying data, that were used
     compose this rulemaking: None

7)   Will this rulemaking replace any emergency rulemaking currently in effect? No

8)   Does this rulemaking contain an automatic repeal date? No

9)   Does this rulemaking contain incorporations by reference? No
                                    ILLINOIS REGISTER                                     3165
                                                                                         12
                 ILLINOIS WORKERS' COMPENSATION COMMISSION

                         NOTICE OF PROPOSED AMENDMENTS

10)   Are there any other proposed rulemakings pending on this Part? No

11)   Statement of Statewide Policy Objectives: The proposed amendments do not require a
      local government to establish, expand or modify its activities in such a way as to
      necessitate additional expenditures from local revenues.

12)   Time, Place, and Manner in which interested persons may comment on this proposed
      rulemaking: Persons who wish to comment on this proposed rulemaking may submit
      written comments no later than 45 days after the publication of this Notice to:

      Kimberly B. Janas
      Secretary of the Commission
      Illinois Workers' Compensation Commission
      100 W. Randolph Street Suite 8-200
      Chicago, IL 60601

      Phone: 312/814.6559
      kimberly.janas@illinois.gov
      Fax: 312/814.3520

13)   Initial Regulatory Flexibility Analysis:

      A)     Types of small businesses, small municipalities and not for profit corporations
             affected: The proposed amendments may have an impact on small businesses,
             small municipalities, and not-for-profit corporations as defined in Sections 1-75,
             1-80, and 1-85 of the Illinois Administrative Procedure Act [5 ILCS 100/1-75, 1-
             80, 1-85] who pay for medical services for work-related injuries under the
             Medical Fee Schedule. These entities may submit comments in writing to the
             Secretary of the Commission at the above address in accordance with the
             regulatory flexibility provisions in Section 5-30 of the Illinois Administrative
             Procedure Act [5 ILCS 100/5-30]. These entities shall indicate their status as a
             small business, small municipality, or not for profit corporation as part of any
             written comments they submit to the Secretary of the Commission.

      B)     Reporting, bookkeeping or other procedures required for compliance: None

      C)     Types of professional skills necessary for compliance: None

14)   Regulatory Agenda on which this rulemaking was summarized: January 2012
                                   ILLINOIS REGISTER                 3166
                                                                    12
                ILLINOIS WORKERS' COMPENSATION COMMISSION

                        NOTICE OF PROPOSED AMENDMENTS


The full text of the Proposed Amendments begins on the next page:
                                     ILLINOIS REGISTER                                      3167
                                                                                           12
                  ILLINOIS WORKERS' COMPENSATION COMMISSION

                          NOTICE OF PROPOSED AMENDMENTS

                             TITLE 50: INSURANCE
          CHAPTER II: ILLINOIS WORKERS' COMPENSATION COMMISSION

                                         PART 7110
                                      MISCELLANEOUS

Section
7110.5        Definitions
7110.10       Vocational Rehabilitation
7110.20       Petitions under Sections 19(h), 8(a), and 7(a) of the Act
7110.30       Commission Meetings: Minutes
7110.40       Petition to Suspend Compensation for Failure to Submit to Proper Medical
              Treatment
7110.50       Petitions under Section 19(o) of the Act
7110.60       Distribution of Commission Handbook
7110.70       Explanation of Basis of Non-Payment, Termination or Suspension of Temporary
              Total Compensation or Denial of Liability or Further Responsibility for Medical
              Care
7110.80       Rate Adjustment Fund and Second Injury Fund Contributions: Compliance
7110.90       Illinois Workers' Compensation Commission Medical Fee Schedule

AUTHORITY: Implementing and authorized by the Workers' Compensation Act [820 ILCS
305].

SOURCE: Filed and effective March 1, 1977; amended at 5 Ill. Reg. 5533, effective May 12,
1981; amended at 6 Ill. Reg. 8040, effective July 1, 1982; codified at 7 Ill. Reg. 2352; emergency
amendment at 14 Ill. Reg. 4929, effective March 9, 1990, for a maximum of 150 days; amended
at 14 Ill. Reg. 13161, effective August 1, 1990; emergency amendment at 30 Ill. Reg. 1912,
effective February 1, 2006, for a maximum of 150 days; amended at 30 Ill. Reg. 11743, effective
June 22, 2006; amended at 33 Ill. Reg. 2850, effective February 1, 2009; emergency amendment
at 34 Ill. Reg. 10222, effective July 6, 2010, for a maximum of 150 days; emergency rule
repealed by emergency amendment at 34 Ill. Reg. 17471, effective October 28, 2010, for the
remainder of the 150 days; amended at 36 Ill. Reg. ______, effective ____________..

Section 7110.60 Distribution of Industrial Commission Handbook

An employer, upon receiving notice of an accident reportable pursuant to Section 6(b) of the Act,
shall deliver the Commission Handbook to the injured employee, or determine that the employee
has the handbook. An employer, individually or by his or her agent, service company or
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insurance carrier shall indicate, upon filing a first report of injury as provided in Section 6(b) of
the Act, that a copy of the handbook has been delivered to the injured employee.

       (Source: Amended at 36 Ill. Reg. ______, effective ____________)

Section 7110.90 Illinois Workers' Compensation Commission Medical Fee Schedule

       a)      In accordance with Sections 8(a), 8.2 and 16 of the Workers' Compensation Act
               [820 ILCS 305/8(a), 8.2 and 16] (the Act), the Illinois Workers' Compensation
               Commission Medical Fee Schedule, including payment rates, instructions,
               guidelines, and payment guides and policies regarding application of the schedule,
               is adopted as a fee schedule to be used in setting the maximum allowable payment
               for procedures, treatment, products, services or supplies for hospital inpatient,
               hospital outpatient, emergency room, ambulatory surgical treatment centers,
               accredited ambulatory surgical treatment facilities, prescriptions filled and
               dispensed outside of a licensed pharmacy, dental services and professional
               servicesa medical procedure, treatment or service covered under the Act. The fee
               schedule is published on the Internet at no charge to the user via a link from the
               Commission's website at www.iwcc.il.gov. The fee schedule may be examined at
               any of the offices of the Illinois Workers' Compensation Commission.

        b)     The payment rates for procedures, services or treatments in the fee schedule were
               established in accordance with Section 8.2 of the Act by determining 90% of the
               80th percentile of charges utilizing health care provider and hospital charges from
               August 1, 2002 through August 1, 2004. The charges were adjusted by the
               Consumer Price Index-U for the period August 1, 2004 through September 30,
               2005. For procedures, treatments, services or supplies covered under the Act and
               rendered or to be rendered on or after September 1, 2011, the maximum allowable
               payment shall be 70% of the fee schedule amounts, which shall be adjusted yearly
               by the Consumer Price Index-U. The payment rates in the fee schedule are
               designated by geozip (geographic area in which all zip codes have the same first 3
               digits). Starting January 1, 2012, the payment rates in the fee schedule shall be
               grouped into geographic regions pursuant to Section 8.2 of the Act.

       c)      The fee schedule applies to any medical procedure, treatment or service covered
               by the Act and rendered on or after February 1, 2006, regardless of the date of
               injury.
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d)   Under the fee schedule, the employer pays the lesser of the rate set forth in the
     schedule or the provider's actual charge. If an employer or insurance carrier
     contracts with a provider for the purpose of providing services under the Act, the
     rate negotiated in the contract shall prevail.

e)   Reimbursement Not Covered by Fee Schedule

     1)     Prior to September 1, 2011, wheneverWhenever the fee schedule does not
            set a specific fee for a procedure, treatment or service in the schedule, the
            amount of reimbursement shall be at 76% of actual charge, except where
            this Section provides that revenue codes (codes that identify a specific
            accommodation or ancillary charge on a UB-04/CMS 1450 uniform
            billing form used by hospitals) are to be deducted from the charge and
            reimbursed at 65% of charge billed at the provider's normal rates under its
            standard chargemaster. A standard chargemaster is the provider's list of
            charges for procedures, services and supplies used to bill payers in a
            consistent manner. If the provider cannot use the chargemaster to
            demonstrate the charge is the provider's normal rate, the provider shall
            provide evidence that the charge is billed at the provider's normal rate.

     2)     On and after September 1, 2011, whenever the fee schedule does not set a
            specific fee for a procedure, treatment or service in the schedule, the
            amount of reimbursement shall be at 53.2% of actual charge, except where
            this Section provides that revenue codes (codes that identify a specific
            accommodation or ancillary charge on a UB-04/CMS 1450 uniform
            billing form used by hospitals) are to be deducted from the charge and
            reimbursed at 65% of charge billed at the provider's normal rates under its
            standard chargemaster. A standard chargemaster is the provider's list of
            charges for procedures, services and supplies used to bill payers in a
            consistent manner. If the provider cannot use the chargemaster to
            demonstrate the charge is the provider's normal rate, the provider shall
            provide evidence that the charge is billed at the provider's normal rate.

f)   Reimbursement under the fee schedule for a procedure, treatment or service, as
     designated by the geozip or region where the treatment occurred, shall be based
     on the place of service.

g)   Out-of-State Treatment
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1)     Procedure Codes

       A)     Prior to June 28, 2011, ifIf the procedure, treatment or service is
              rendered outside the State of Illinois, the amount of reimbursement
              shall be the greater of 76% of actual charge or the amount set forth
              in a workers' compensation medical fee schedule adopted by the
              state in which the procedure, treatment or service is rendered, if
              such a schedule has been adopted. Charges for a procedure,
              treatment or service outside the State shall be subject to the
              instructions, guidelines, and payment guides and policies in this
              fee schedule.

       B)     On and after June 28, 2011, providers of out-of-state procedures,
              treatments, services, products, or supplies shall be reimbursed at
              the lesser of that state's fee schedule amount or the fee schedule
              amount for the region in which the employee resides. If no fee
              schedule exists in that state, the provider shall be reimbursed at the
              lesser of the actual charge or the fee schedule amount for the
              region in which the employee resides. If the employee does not
              reside in this State, providers of out-of-state treatments, services,
              products or supplies shall be reimbursed at the lesser of the actual
              charge or the fee schedule amount for the location of the hearing
              site.

2)     Implants

       A)     Prior to September 1, 2011, whenWhere the charges are for facility
              fees (ambulatory surgical treatment center, hospital inpatient
              (standard and trauma), and hospital outpatient services), the
              following revenue codes are pass-through charges to be deducted
              from the charge and reimbursed at 65% of actual charge: 0274
              (prosthetics/orthotics); 0275 (pacemaker); 0276 (lens implant);
              0278 (implants); 0540 and 0545 (ambulance); 0624
              (investigational devices); and 0636 (drugs requiring detailed
              coding). Charges billed under these revenue codes shall be billed
              at the provider's normal rates under its standard chargemaster. If
              the provider cannot use the chargemaster to demonstrate the charge
              is the provider's normal rate, the provider shall provide evidence
              that the charge is billed at the provider's normal rate.
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            B)     On and after September 1, 2011, implants, which include revenue
                   codes 0276 (lens implant) and 0278 (implants) or any other
                   substantially similar updated code as determined by the
                   Commission, shall be reimbursed at 25% above the net
                   manufacturer's invoice price less rebates, plus actual reasonable
                   and customary shipping charges whether or not the implant charge
                   is submitted by a provider in conjunction with a bill for all other
                   services associated with the implant, submitted by a provider on a
                   separate claim form, submitted by a distributor, or submitted by the
                   manufacturer of the implant. The following revenue codes shall be
                   paid at 65% of actual charge, which is the provider's normal rates
                   under its standard chargemaster: 0274 (prosthetics/orthotics); 0275
                   (pacemaker); 0540 and 0545 (ambulance); 0624 (investigational
                   devices); and 0636 (drugs requiring detailed coding). A standard
                   chargemaster is the provider's list of charges for procedures,
                   treatments, products, supplies or services used to bill payers in a
                   consistent manner. If the provider cannot use the chargemaster to
                   demonstrate the charge is the provider's normal rate, the provider
                   shall provide evidence that the charge is billed at the provider's
                   normal rate.

h)   The fee schedule includes the following service categories:

     1)     Ambulatory Surgical Treatment Center (ASTC) and Accredited
            Ambulatory Surgical Treatment Facility (ASTF)

            A)     This schedule applies to licensed ambulatory surgical treatment
                   centers as defined by the Illinois Department of Public Health (77
                   Ill. Adm. Code 205.110) and accredited ambulatory surgical
                   treatment facilities accredited by one of the following
                   organizations: American Association for the Accreditation of
                   Ambulatory Surgical Facilities (AAAASF), The Joint Commission
                   (formerly JCAHO), or Accreditation Association for Ambulatory
                   Health Care (AAAHC).

            B)     The use of this schedule is in accordance with the Current
                   Procedural Terminology, American Medical Association, 515
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         North State Street, Chicago, Illinois 60610, (2006), no later dates
         or editions.

  C)     This schedule provides the maximum fee schedule amount for
         surgical services administered in an ASTC or ASTF setting for
         codes 10021 through 69990. The schedule is a partial global
         reimbursement schedule in that all charges rendered during the
         operative session are subject to a single fee schedule amount,
         except as provided in subsections (h)(1)(D) and (h)(1)(F).

  D)     Implants

         i)     Prior to September 1, 2011, theThe following revenue
                codes are pass-through charges to be deducted from the
                charge and reimbursed at 65% of actual charge: 0274
                (prosthetics/orthotics); 0275 (pacemaker); 0276 (lens
                implant); 0278 (implants); 0540 and 0545 (ambulance);
                0624 (investigational devices); and 0636 (drugs requiring
                detailed coding). Charges billed under these revenue codes
                shall be billed at the provider's normal rates under its
                standard chargemaster. If the provider cannot use the
                chargemaster to demonstrate the charge is the provider's
                normal rate, the provider shall provide evidence that the
                charge is billed at the provider's normal rate.

         ii)    On and after September 1, 2011, implants, which include
                revenue codes 0276 (lens implant) and 0278 (implants) or
                any other substantially similar updated code as determined
                by the Commission, shall be reimbursed at 25% above the
                net manufacturer's invoice price less rebates, plus actual
                reasonable and customary shipping charges whether or not
                the implant charge is submitted by a provider in
                conjunction with a bill for all other services associated with
                the implant, submitted by a provider on a separate claim
                form, submitted by a distributor, or submitted by the
                manufacturer of the implant. The following revenue codes
                shall be paid at 65% of actual charge, which is the
                provider's normal rates under its standard chargemaster:
                0274 (prosthetics/orthotics); 0275 (pacemaker); 0540 and
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                     0545 (ambulance); 0624 (investigational devices); and
                     0636 (drugs requiring detailed coding). A standard
                     chargemaster is the provider's list of charges for
                     procedures, treatments, products, supplies or services used
                     to bill payers in a consistent manner. If the provider cannot
                     use the chargemaster to demonstrate the charge is the
                     provider's normal rate, the provider shall provide evidence
                     that the charge is billed at the provider's normal rate.

       E)     All professional services performed in an ASTC or ASTF setting
              are subject to the HCPCS Level II schedule in subsection (h)(5) or
              the professional services schedule in subsection (h)(8).

       F)     This schedule does not apply to the professional or technical
              components of radiology and pathology and laboratory services
              performed in an ASTC or ASTF setting. Charges for these
              services must be submitted on a separate claim form and shall be
              subject to the professional services schedule in subsection (h)(8).

       G)     Surgery services under this schedule shall be reimbursed in
              accordance with the Multiple Procedure and Bilateral Surgery
              provisions of the Payment Guide in Section 8B of the instructions
              and guidelines in the fee schedule and the applicable modifiers in
              Section 8F of the instructions and guidelines in the fee schedule.

2)     Anesthesia

       A)     The use of this schedule is in accordance with the Current
              Procedural Terminology, American Medical Association, 515
              North State Street, Chicago, Illinois 60610, (2006), no later dates
              or editions, and the Relative Value Guide, American Society of
              Anesthesiologists, 520 North Northwest Highway, Park Ridge,
              Illinois 60068-2573, (2006), no later dates or editions.

       B)     This schedule was established utilizing health care provider
              charges from August 1, 2002 through August 1, 2004 from which a
              conversion factor was established. The maximum fee schedule
              reimbursement amount is determined by multiplying the
              conversion factor set forth in the schedule by the sum of all units
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              according to guidelines set forth in the Relative Value Guide as
              follows:

              i)      Base Value + Time Units + Modifying Units = Total Units

                      Total Units x Conversion Factor = Total Fee

              ii)     Physical status modifying units may be added to the basic
                      value and time units and, in addition, units may be added
                      for qualifying circumstances (extraordinary circumstances)
                      in accordance with the Relative Value Guide.

       C)     Special coding situations, such as those involving multiple
              procedures, additional procedures, unusual monitoring, prolonged
              physician services, postoperative pain management, monitored
              (stand-by) anesthesia, invasive anesthesia and chronic pain
              management services, require application of the fee schedule in a
              manner consistent with the Relative Value Guide.

       D)     Anesthesia time begins when an anesthesiologist or certified
              registered nurse anesthetist (CRNA) physically starts to prepare the
              patient for the induction of anesthesia in the operating room (or its
              equivalent) and ends when the anesthesiologist is no longer in
              constant attendance (when the patient is safely put under
              postoperative supervision).

3)     Dental
       Prior to September 1, 2011, allAll procedures, treatments and services are
       reimbursed at 76% of actual charge unless services are billed under the
       HCPCS Level II schedule in subsection (h)(5) or professional fee schedule
       in subsection (h)(8). On and after September 1, 2011 and until the
       Commission posts a fee schedule for dental bills, all dental bills shall be
       paid at 53.2% of actual charge unless the services are billed under the
       HCPCS Level II schedule in subsection (h)(5) or professional fee schedule
       in subsection (h)(8).

4)     Emergency Room
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       A)     This schedule applies to any department or facility of a hospital
              licensed by the Illinois Department of Public Health pursuant to
              the Hospital Licensing Act [210 ILCS 85] that:

              i)     operates as an emergency room or emergency department,
                     whether situated on or off the main hospital campus; and

              ii)    is held out to the public as providing care for emergency
                     medical conditions without requiring an appointment, or
                     has provided at least one-third of all its outpatient visits for
                     the treatment of emergency medical conditions on an
                     urgent basis during the previous calendar year.

       B)     All procedures, treatments and services subject to this schedule are
              reimbursed at 76% of actual charge. Procedures, treatments and
              services subject to this schedule rendered on or after September 1,
              2011 are reimbursed at 53.2% of actual charge.

       C)     Radiology, pathology and laboratory and physical medicine and
              rehabilitation services performed in an emergency room shall be
              reimbursed in accordance with the radiology schedule in
              subsection (h)(7)(C), the pathology and laboratory schedule in
              subsection (h)(7)(D) and the physical medicine and rehabilitation
              schedule in subsection (h)(7)(E).

       D)     Emergency room facility charges, and professional services
              delivered in an emergency room facility billed by the facility using
              the facility's tax identification number, shall be subject to the
              emergency room facility schedule and are not subject to the
              HCPCS Level II schedule in subsection (h)(5) or the professional
              services schedule in subsection (h)(8). Health care professionals
              who perform services in an emergency room facility and bill for
              services using their own tax identification number on a separate
              claim form shall be subject to the HCPCS Level II schedule in
              subsection (h)(5) or the professional services schedule in
              subsection (h)(8) and are not covered under the emergency room
              facility schedule.

5)     HCPCS (Healthcare Common Procedure Coding System) Level II
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       The use of this schedule is in accordance with the HCPCS Level II, U.S.
       Department of Health and Human Services, Centers for Medicare and
       Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244,
       (2006), no later dates or editions. Level II of the HCPCS is a standardized
       coding system used to identify products and services not included in the
       Current Procedural Terminology codes.

6)     Hospital Inpatient: Standard and Trauma

       A)     The use of these schedules is in accordance with the Diagnosis-
              Related Group (DRG) classification system established by the U.S.
              Department of Health and Human Services, Centers for Medicare
              and Medicaid Services, 42 CFR 405 (2005), no later dates or
              editions. A DRG is a diagnosis-related group code that groups
              patients into homogeneous classifications that demonstrate similar
              length-of-stay patterns and use of hospital resources. The DRG
              determines the maximum fee schedule amount for an inpatient
              hospital stay, except as provided in subsections (h)(6)(F) and
              (h)(6)(G).

       B)     No later than June 30, 2009, the use of these schedules will be in
              accordance with the Medicare Severity Diagnosis Related Group
              (MS-DRG) classification system established by the U.S.
              Department of Health and Human Services, Centers for Medicare
              and Medicaid Services, 42 CFR 411 (2007), no later dates or
              editions. An MS-DRG is a diagnosis related group code that
              groups patients based on the severity of a patient's condition and
              resource consumption. The MS-DRG determines the maximum
              fee schedule amount for an inpatient hospital stay, except as
              provided in subsections (h)(6)(F) and (h)(6)(G).

       C)     Inpatient care shall be defined as when a patient is admitted to a
              hospital where services include, but are not limited to, bed and
              board, nursing services, diagnostic or therapeutic services, and
              medical or surgical services.

       D)     Inpatient hospital bills are subject to the hospital inpatient standard
              schedule. Inpatient hospital bills from trauma centers designated
              as Level I and Level II trauma centers by the Illinois Department
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         of Public Health pursuant to 77 Ill. Adm. Code 515.2030 and
         515.2040 and that contain an admission type of "5" on a UB-
         04/CMS 1450 FL 14 (uniform billing form used by hospitals; FL
         14 is the form locator number that indicates where the codes are to
         be listed on the UB-04/CMS 1450 form) are subject to the hospital
         inpatient trauma schedule.

  E)     Hospital providers must identify the DRG code on each bill (UB-
         04/CMS 1450 claim form). The DRG assignment should be made
         in a manner consistent with the grouping practices used by the
         hospital when billing both government and private carriers.

  F)     Implants

        i)      Prior to September 1, 2011, theThe following revenue
                codes/pass-through charges are deducted from the DRG
                charge and reimbursed at 65% of actual charge: 0274
                (prosthetics/orthotics); 0275 (pacemaker); 0276 (lens
                implant); 0278 (implants); 0540 and 0545 (ambulance);
                0624 (investigational devices); and 0636 (drugs requiring
                detailed coding). If the maximum amount of payment for
                an inpatient hospital stay is 76% of actual charge or 53.2%
                of actual charge for services rendered on or after September
                1, 2011, the DRG charge is determined after the pass-
                through charges are removed. Charges billed under these
                revenue codes shall be billed at the provider's normal rates
                under its standard chargemaster. If the provider cannot use
                the chargemaster to demonstrate the charge is the provider's
                normal rate, the provider shall provide evidence that the
                charge is billed at the provider's normal rate.

        ii)     On and after September 1, 2011, implants, which include
                revenue codes 0276 (lens implant) and 0278 (implants) or
                any other substantially similar updated code as determined
                by the Commission, shall be reimbursed at 25% above the
                net manufacturer's invoice price less rebates, plus actual
                reasonable and customary shipping charges whether or not
                the implant charge is submitted by a provider in
                conjunction with a bill for all other services associated with
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                the implant, submitted by a provider on a separate claim
                form, submitted by a distributor, or submitted by the
                manufacturer of the implant. The following revenue codes
                shall be paid at 65% of actual charge, which is the
                provider's normal rates under its standard chargemaster:
                0274 (prosthetics/orthotics); 0275 (pacemaker); 0540 and
                0545 (ambulance); 0624 (investigational devices); and
                0636 (drugs requiring detailed coding). A standard
                chargemaster is the provider's list of charges for
                procedures, treatments, products, supplies or services used
                to bill payers in a consistent manner. If the provider cannot
                use the chargemaster to demonstrate the charge is the
                provider's normal rate, the provider shall provide evidence
                that the charge is billed at the provider's normal rate.

  G)     Cost Outliers

        i)      In the case of cost outliers (extraordinary treatment in
                which the bill for an inpatient stay is at least two times the
                fee schedule amount for the assigned DRG after pass-
                through revenue code charges referred to in subsection
                (h)(6)(F) have been deducted), the maximum
                reimbursement amount will be the assigned DRG fee
                schedule amount plus 76% of the charges that exceed that
                DRG amount. The pass-through revenue code charges are
                reimbursed at 65% of actual charge and shall be billed at
                the provider's normal rates under its standard chargemaster.

        ii)     On and after September 1, 2011, for cost outliers
                (extraordinary treatment in which the bill for an inpatient
                stay is at least 2.857 times the fee schedule amount for the
                assigned DRG after pass-through revenue code charges
                referred to in subsection (h)(6)(F) have been deducted), the
                maximum reimbursement amount will be the assigned
                DRG fee schedule amount plus 53.2% of the charges that
                exceed that DRG amount. The pass-through revenue code
                charges are reimbursed at 65% of actual charge and shall be
                billed at the provider's normal rates under its standard
                chargemaster. Implants shall be reimbursed at 25% above
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                     the net manufacturer's invoice price less rebates, plus actual
                     reasonable and customary shipping charges.

       H)     Charges for professional services performed in conjunction with
              charges for other services associated with the hospitalization and
              billed by a hospital on a UB-04/CMS 1450 or a 1500 claim form
              (billing form established by Centers for Medicare and Medicaid
              Services for use by physicians) using the hospital's own tax
              identification number shall be reimbursed at 76% of actual charge
              or 53.2% of actual charge for services rendered on or after
              September 1, 2011 in addition to the amount listed in this schedule
              for the assigned code. Health care professionals who perform
              services and bill for services using their own tax identification
              number on a separate claim form shall be subject to the HCPCS
              Level II schedule in subsection (h)(5) or the professional services
              schedule in subsection (h)(8).

7)     Hospital Outpatient

       A)     The use of this schedule is in accordance with the Current
              Procedural Terminology, American Medical Association, 515
              North State Street, Chicago, Illinois 60610, (2006), no later dates
              or editions.

       B)     This schedule includes radiology, pathology and laboratory, and
              physical medicine and rehabilitation as well as surgical services
              performed in a hospital outpatient setting that were not performed
              during an emergency room encounter or inpatient hospital
              admission. The radiology, pathology and laboratory, and physical
              medicine and rehabilitation schedules shall be applied to the
              number of units billed on the UB-04.

       C)     Radiology

              i)     This schedule provides the maximum fee schedule amount
                     for radiology services performed in a hospital outpatient
                     setting for codes 70010 through 79999. The schedule
                     applies to the technical component of radiology services
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                that are billed in conjunction with revenue codes 320
                through 359, 400 through 409 and 610 through 619.

         ii)    This schedule does not apply when the bill type requires the
                application of the hospital inpatient schedule in subsection
                (h)(6) or the hospital outpatient surgical facility schedule in
                subsection (h)(7)(F).

         iii)   Professional radiology services billed by a hospital using
                the hospital's tax identification number are reimbursed at
                76% of actual charge or 53.2% of actual charge for services
                rendered on or after September 1, 2011. Radiologists or
                radiology groups who perform services using their own tax
                identification number shall be subject to the HCPCS Level
                II in subsection (h)(5) or the professional services schedule
                in subsection (h)(8) even though the technical component is
                performed in a hospital setting.

  D)     Pathology and Laboratory

         i)     This schedule provides the maximum fee schedule amount
                for pathology and laboratory services performed in a
                hospital outpatient setting for codes 80048 through 89356.
                This schedule applies to the technical component of
                pathology and laboratory services that are billed in
                conjunction with revenue codes 300 through 319.

         ii)    This schedule does not apply when the bill type requires the
                application of the hospital inpatient schedule in subsection
                (h)(6) or the hospital outpatient surgical facility schedule in
                subsection (h)(7)(F).

         iii)   Professional pathology and laboratory services billed by a
                hospital using the hospital's tax identification number are
                reimbursed at 76% of actual charge or 53.2% of actual
                charge for services rendered on or after September 1, 2011.
                Pathologists who perform services using their own tax
                identification number shall be subject to the HCPCS Level
                II in subsection (h)(5) or the professional services schedule
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                in subsection (h)(8) even though the technical component is
                performed in a hospital setting.

  E)     Physical Medicine and Rehabilitation

         i)     This schedule provides the maximum fee schedule amount
                for physical therapy services performed in a hospital
                outpatient setting for codes 97001 through 97799. This
                schedule applies to all physical and occupational therapy
                services that are billed in conjunction with revenue codes
                420 through 439.

         ii)    This schedule does not apply when the bill type requires the
                application of the hospital inpatient schedule in subsection
                (h)(6) or the hospital outpatient surgical facility schedule in
                subsection (h)(7)(F).

         iii)   All physical medicine and rehabilitation services provided
                in a hospital outpatient setting are subject to this schedule.

  F)     Hospital Outpatient Surgical Facility (HOSF)

         i)     This schedule provides a global maximum fee schedule
                amount for surgical services performed in a hospital
                outpatient setting for codes 10021 through 69990. All
                services performed in an operative session shall be
                reimbursed at a single fee schedule amount, except as
                provided in subsection (h)(7)(F)(ii). The single fee schedule
                amount shall represent the maximum amount payable for
                the total charges on a claim form that represents the total
                charges derived from all line items/revenue codes
                contained in the form. Except for the carve-out revenue
                codes listed in subsection (h)(7)(F)(ii), this fee schedule
                shall not be applied on a line item basis.

         ii)    Implants

                •      Prior to September 1, 2011, theThe following
                       revenue codes are pass-through charges to be
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                 deducted from the charge and reimbursed at 65% of
                 actual charge: 0274 (prosthetics/orthotics); 0275
                 (pacemaker); 0276 (lens implant); 0278 (implants);
                 0540 and 0545 (ambulance); 0624 (investigational
                 devices); and 0636 (drugs requiring detailed
                 coding). Charges billed under these revenue codes
                 shall be billed at the provider's normal rates under
                 its standard chargemaster. If the provider cannot use
                 the chargemaster to demonstrate the charge is the
                 provider's normal rate, the provider shall provide
                 evidence that the charge is billed at the provider's
                 normal rate.

            •    On and after September 1, 2011, implants, which
                 include revenue codes 0276 (lens implant) and 0278
                 (implants) or any other substantially similar updated
                 code as determined by the Commission, shall be
                 reimbursed at 25% above the net manufacturer's
                 invoice price less rebates, plus actual reasonable
                 and customary shipping charges whether or not the
                 implant charge is submitted by a provider in
                 conjunction with a bill for all other services
                 associated with the implant, submitted by a provider
                 on a separate claim form, submitted by a distributor,
                 or submitted by the manufacturer of the implant.
                 The following revenue codes shall be paid at 65%
                 of actual charge, which is the provider's normal
                 rates under its standard chargemaster: 0274
                 (prosthetics/orthotics); 0275 (pacemaker); 0540 and
                 0545 (ambulance); 0624 (investigational devices);
                 and 0636 (drugs requiring detailed coding). A
                 standard chargemaster is the provider's list of
                 charges for procedures, treatments, products,
                 supplies or services used to bill payers in a
                 consistent manner. If the provider cannot use the
                 chargemaster to demonstrate the charge is the
                 provider's normal rate, the provider shall provide
                 evidence that the charge is billed at the provider's
                 normal rate.
              ILLINOIS REGISTER                                       3183
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       iii)   Surgery services under this schedule shall be reimbursed in
              accordance with the Multiple Procedure and Bilateral
              Surgery provisions of the Payment Guide in Section 8B of
              the instructions and guidelines in the fee schedule and the
              applicable modifiers in Section 8F of the instructions and
              guidelines in the fee schedule.

       iv)    Cost Outliers

              •      Prior to September 1, 2011, inIn the case of cost
                     outliers (extraordinary treatment in which the bill
                     for hospital outpatient facility surgical charges is at
                     least two times the fee schedule amount for the
                     assigned code after pass-through revenue code
                     charges referred to in subsection (h)(7)(F)(ii) have
                     been deducted) the maximum reimbursement
                     amount will be the assigned code fee schedule
                     amount plus 76% of the charges that exceed the
                     code amount. The pass-through revenue charges
                     are reimbursed at 65% of actual charge and shall be
                     billed at the provider's normal rates under its
                     standard chargemaster.

              •      On and after September 1, 2011, for cost outliers
                     (extraordinary treatment in which the bill for an
                     inpatient stay is at least 2.857 times the fee schedule
                     amount for the assigned DRG after pass-through
                     revenue code charges referred to in subsection
                     (h)(7)(F)(ii) have been deducted), the maximum
                     reimbursement amount will be the assigned code
                     fee schedule amount plus 53.2% of the charges that
                     exceed that code amount. The pass-through
                     revenue code charges are reimbursed at 65% of
                     actual charge and shall be billed at the provider's
                     normal rates under its standard chargemaster.
                     Implants shall be reimbursed at 25% above the net
                     manufacturer's invoice price less rebates, plus actual
                     reasonable and customary shipping charges.
                     ILLINOIS REGISTER                                       3184
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              v)     Surgical services performed in the emergency room
                     (revenue codes 450 through 459) are not subject to this
                     schedule and shall be subject to the emergency room
                     facility schedule in subsection (h)(4).

              vi)    Charges for professional services performed in conjunction
                     with charges for other services associated with the surgery
                     and billed by a hospital on a UB-04/CMS 1450 or a 1500
                     claim form (billing form established by Centers for
                     Medicare and Medicaid Services for use by physicians)
                     using the hospital's own tax identification number shall be
                     reimbursed at 76% of actual charge or 53.2% of actual
                     charge for services rendered on or after September1, 2011
                     in addition to the amount listed in this schedule for the
                     assigned surgical code. Health care professionals who
                     perform services and bill for services using their own tax
                     identification number on a separate claim form shall be
                     subject to the HCPCS Level II schedule in subsection
                     (h)(5) or the professional services schedule in subsection
                     (h)(8).

8)     Professional Services

       A)     The use of this schedule is in accordance with the Current
              Procedural Terminology, American Medical Association, 515
              North State Street, Chicago, Illinois 60610, (2006), no later dates
              or editions.

       B)     Services in this schedule include evaluation and management,
              surgery, physician, medicine, radiology, pathology and laboratory,
              chiropractic, physical therapy, and any other services covered
              under the Current Procedural Terminology.

       C)     Reimbursement for services under this schedule shall be in
              accordance with the modifiers table in Section 8F of the
              instructions and guidelines in the fee schedule.
                     ILLINOIS REGISTER                                        3185
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       D)     Surgery services under this schedule shall be reimbursed in
              accordance with the Payment Guide to Global Days, Multiple
              Procedures, Bilateral Surgeries, Assistant Surgeons, Co-Surgeons,
              and Team Surgery in Section 8B of the instructions and guidelines
              in the fee schedule and the modifiers table in Section 8F of the
              instructions and guidelines in the fee schedule.

       E)     Medicine services under this schedule shall be reimbursed in
              accordance with the professional, technical and total component
              categories outlined in Section 8E of the instructions and guidelines
              in the fee schedule and the modifiers table in Section 8F of the
              instructions and guidelines in the fee schedule.

       F)     Pathology and laboratory services under this schedule shall be
              reimbursed in accordance with the professional, technical and total
              component categories outlined in Section 8D of the instructions
              and guidelines in the fee schedule and the modifiers table in
              Section 8F of the instructions and guidelines in the fee schedule.

       G)     Radiology services under this schedule shall be reimbursed in
              accordance with the professional, technical and total component
              categories outlined in Section 8C of the instructions and guidelines
              in the fee schedule and the modifiers table in Section 8F of the
              instructions and guidelines in the fee schedule.

9)     Rehabilitation Hospitals

       A)     This schedule applies to inpatient rehabilitation hospitals that are
              freestanding.

       B)     This schedule reimburses a rehabilitation hospital one per diem
              rate per day, on the basis of the assigned primary diagnosis code.
              The single per diem rate shall reimburse the rehabilitation hospital
              for all services provided in the course of a day.

       C)     The use of this schedule is in accordance with The International
              Classification of Diseases, Ninth Revision, Clinical Modification,
              (ICD-9-CM), Volume 2, U.S. Department of Health and Human
              Services, Centers for Medicare and Medicaid Services, 7500
                              ILLINOIS REGISTER                                       3186
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                      Security Boulevard, Baltimore, Maryland 21244, (2007), no later
                      dates or editions.

i)     The fee schedule requires that services be reported with the HCPCS Level II or
       Current Procedural Terminology codes that most comprehensively describe the
       services performed. Proprietary bundling edits more restrictive than the National
       Correct Coding Policy Manual in Comprehensive Code Sequence for Part B
       Medicare Carriers, Version 12.0, U.S. Department of Health and Human Services,
       Centers for Medicare and Medicaid Services, 7500 Security Boulevard,
       Baltimore, Maryland 21244, (2006), no later dates or editions, are prohibited.
       Bundling edits is the process of reporting codes so that they most
       comprehensively describe the services performed.

j)     An allied health care professional, such as a certified registered nurse anesthetist
       (CRNA), physician assistant (PA) or nurse practitioner (NP), is to be reimbursed
       at the same rate as other health care professionals when the allied health care
       professional is performing, coding and billing for the same services as other
       health care professionals.

k)     Charges of an independently operated diagnostic testing facility shall be subject to
       the professional services and HCPCS Level II fee schedules where applicable.
       An independent diagnostic testing facility is an entity independent of a hospital or
       physician's office, whether a fixed location, a mobile entity, or an individual
       nonphysician practitioner, in which diagnostic tests are performed by licensed or
       certified nonphysician personnel under appropriate physician supervision.

l)     No later than September 30, 2006 and each year thereafter, the Commission shall
       make an automatic adjustment to the maximum payment for a procedure,
       treatment or service in effect in January of that year. The Commission shall
       increase or decrease the maximum payment by the percentage change of increase
       or decrease in the Consumer Price Index-U for the 12-month period ending
       August 31 of that year. The change shall be effective January l of the following
       year. The Consumer Price Index-U means the index published by the Bureau of
       Labor Statistics of the U.S. Department of Labor that measures the average
       change in prices of all goods and services purchased by all urban consumers,
       U.S. city average, all items, 1982-84=100. (Section 8.2 of the Act)

(Source: Amended at 36 Ill. Reg. ______, effective ____________)
                                    ILLINOIS REGISTER                                     3187
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1)    Heading of the Part: Administrative Requirements for Underground Storage Tanks and
      the Storage, Transportation, Sale and Use of Petroleum and Other Regulated Substances

2)    Code Citation: 41 Ill. Adm. Code 176

3)    Section Numbers:                     Adopted Action:
      176.430                              Amendment
      176.600                              New
      176.605                              New
      176.610                              New
      176.615                              New
      176.620                              New
      176.625                              New
      176.630                              New
      176.635                              New
      176.640                              New
      176.645                              New
      176.650                              New
      176.655                              New
      176.660                              New

4)    Statutory Authority: Implementing and authorized by the Gasoline Storage Act [430
      ILCS 15]

5)    Effective Date of Adopted Amendments: February 15, 2012

6)    Does this rulemaking contain an automatic repeal date? No

7)    Does this rulemaking contain incorporations by reference? No

8)    A copy of the adopted amendments, including any matter incorporated by reference, is on
      file in the principal office of the State Fire Marshal, 1035 Stevenson Drive, Springfield,
      Illinois, and is available for public inspection at that location.

9)    Notice of Proposed Amendments published in the Illinois Register: September 9, 2011;
      35 Ill. Reg. 14895.

10)   Has JCAR issued a Statement of Objection to this rulemaking? No
                                    ILLINOIS REGISTER                                      3188
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11)   Differences between proposal and final versions:

      In Section 176.635(d), changed "per-slide" to "topic".

      In Section 176.645(a)(1)(A), immediately after "the name,", added "date each assumed
      duties".

      In Section 176.645(a)(2), immediately after "testing certificates", added "showing the
      name of the trainee, date trained, and operator class", and immediately after "Class A, B
      and C Operators.", added the following sentence: "These certificates shall also be signed
      by the trainer and include the company name, address, phone, and for computer-based
      programs, the name of the training program and web address where internet-based.".

      In Section 176.645(a)(4), changed "monthly inspection checklists" to "quarterly
      inspection checklists".

      In the lead-in to Section 176.655(b), deleted "Monthly" from the subsection lead-in so it
      reads as follows: "Inspections and Operations Maintenance Plan." and changed "monthly
      inspection of each" to "quarterly inspection of each".

      In Section 176.655(b)(1), changed "monthly inspections" to "quarterly inspections".

      Changed Section 176.655(b)(1)(G) to read as follows: "G) That any impressed current
      cathodic protection system being utilized is operational, checking and recording that the
      power is on and that the voltage, amps and hour meter have the appropriate readings
      required under Section 175.510(f)".

      In Section 176.655(d), changed "monthly inspection checklist" to "quarterly inspection
      checklist" and at the end of the second sentence in that subsection, immediately after
      "operator", inserted "and a description of the actions taken to correct an issue".

      In Section 176.655(e), deleted "e) No Class B Operator may be assigned to more than 50
      facilities at the same time.", and then renumbered the next subsection accordingly.

      In Section 176.660, immediately after the first sentence, inserted the following: "Trained
      Operators may be assigned to more than one facility at a time as long as the requirements
      of this Subpart F are met, including requirements under Section 176.655(a) that a Class
      A, B or C Operator be on site at all times at manned (attended) facilities.".
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12)    Have all the changes agreed upon by the agency and JCAR been made as indicated in the
       agreement letter issued by JCAR? Yes

13)    Will this rulemaking replace any emergency rulemaking currently in effect? No

14)    Are there any amendments pending to this part? No

15)    Summary and purpose of Amendments: This rulemaking implements a federal
       requirement, pursuant to the federal Energy Policy Act of 2005, that states underground
       storage tank (UST) system regulatory programs receiving federal funding require and
       implement operator training programs for personnel at underground storage tank
       facilities. Under the federal requirements, three classes of operators must be trained in
       specified areas, and retraining required not less than once every two years and when a
       notice of noncompliance with UST technical requirements is issued. Under the federal
       requirements, unmanned facilities must also designate class A, B, and C operators,
       although one person properly trained can fulfill multiple roles. Records of training
       completion and emergency response plans and phone numbers must be kept at the
       facility.

16)    Information and questions regarding these adopted amendments shall be directed to:

              Shelly Bradley, Manager
              Division of Petroleum and Chemical Safety
              Office of the State Fire Marshal
              1035 Stevenson Dr.
              Springfield, IL 62703-4259

              217/557-3131
              Facsimile: 217/524-9284

The full text of the Adopted Amendments begins on the next page:
                               ILLINOIS REGISTER                                   3190
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                    OFFICE OF THE STATE FIRE MARSHAL

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                      TITLE 41: FIRE PROTECTION
             CHAPTER I: OFFICE OF THE STATE FIRE MARSHAL

                             PART 176
 ADMINISTRATIVE REQUIREMENTS FOR UNDERGROUND STORAGE TANKS AND
     THE STORAGE, TRANSPORTATION, SALE AND USE OF PETROLEUM
                 AND OTHER REGULATED SUBSTANCES

                            SUBPART A: DEFINITIONS

Section
176.100   Definitions

                        SUBPART B: FINANCIAL ASSURANCE

Section
176.200   Definitions
176.205   Applicability
176.210   Amount
176.215   Mechanisms of Financial Responsibility
176.220   Proof of Financial Responsibility
176.225   Substitution of Financial Responsibility Mechanisms by an Owner or Operator
176.230   Cancellation or Non-Renewal by a Provider of Financial Assurance
176.235   Reporting by Owner or Operator
176.240   Recordkeeping
176.245   Release from the Requirements
176.250   Bankruptcy or Other Incapacity of Owner, Operator or Provider of Financial
          Assurance

          SUBPART C: RELEASE REPORTING AND SITE ASSESSMENT

Section
176.300   Reporting of Suspected Releases
176.310   Release Investigation Reporting and Site Assessment
176.320   Initial Response and Reporting of Confirmed Releases
176.330   Procedures for Site Assessments
176.340   Reporting and Cleanup of Spills and Overfills
176.350   Initial Release Abatement Measures
176.360   Assessing the Site at Removal of, Previously Removed, or Change-in-Service of
                                 ILLINOIS REGISTER                                   3191
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                       NOTICE OF ADOPTED AMENDMENTS

            USTs

              SUBPART D: GENERAL TECHNICAL REQUIREMENTS,
          INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION

Section
176.400     Delegation of Authority to Enforce UST Rules and Regulations
176.410     General Requirement to Maintain All Equipment
176.420     Requirement that UST Components Be Third Party Listed
176.430     Reporting and Recordkeeping
176.440     Notification Requirements for Purposes of UST Registration
176.450     UST Registration Fees
176.460     Pre-'74 and Heating Oil USTs
176.470     Requirements for Conducting Precision Testing of Tanks and Piping, Cathodic
            Protection Testing, and Testing of Other UST Equipment

           SUBPART E: HEARINGS AND ENFORCEMENT PROCEDURES

Section
176.500     Definitions
176.505     Enforcement Action
176.510     Grounds and Time for Appeal
176.515     Notice of Hearing
176.520     Continuances
176.525     Appearances
176.530     Service of Papers and Computation of Time
176.535     Stipulations
176.540     Evidence
176.545     Official Notice
176.550     Authority of Hearing Officer
176.555     Default
176.560     Post-Hearing Submissions
176.565     Transcripts
176.570     Final Order
176.575     License Suspension or Revocation and Assessment of Fines Against a Contractor
176.580     Assessment of Penalties
176.585     Subpoena − Fees and Mileage of Witnesses
176.590     Paper Hearings
                                    ILLINOIS REGISTER                                     3192
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                         NOTICE OF ADOPTED AMENDMENTS

                          SUBPART F: OPERATOR TRAINING

Section
176.600       Purpose
176.605       Scope
176.610       Definitions
176.615       Class A, B and C Operator Classifications
176.620       Training
176.625       Minimum Training Requirements
176.630       Examination Frequency
176.635       Approval of Required Training and Examination Location
176.640       Examination Fees
176.645       Recordkeeping
176.650       Out-of-Compliance Retraining
176.655       Written Facility Operations and Maintenance Plan and Class A, B and C Operator
              Responsibilities
176.660       Violations

176.APPENDIX A       Derivation Table

AUTHORITY: Implementing the Gasoline Storage Act and authorized by Section 2 of the
Gasoline Storage Act [430 ILCS 15].

SOURCE: Adopted at 34 Ill. Reg. 13485, effective September 2, 2010; amended at 36 Ill. Reg.
3187, effective February 15, 2012.

                SUBPART D: GENERAL TECHNICAL REQUIREMENTS,
            INCLUDING REPORTING, RECORDKEEPING AND NOTIFICATION

Section 176.430 Reporting and Recordkeeping

       a)     Reporting. Owners and operators must submit the following information to
              OSFM:

              1)     Notification for all USTs (Section 176.440);

              2)     Certification of installation for USTs (Section 176.430(f));
                           ILLINOIS REGISTER                                         3193
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                NOTICE OF ADOPTED AMENDMENTS

     3)     Reports of all releases, including suspected releases (Section 176.300),
            spills and overfills (Section 176.340), and confirmed releases (Section
            176.320);

     4)     Initial response, including leak abatement, site characterization, and fire
            and explosion mitigation (40 CFR 280, subpart F, incorporated by
            reference in 41 Ill. Adm. Code 174.210) when requested by OSFM;

     5)     A notification related to removal or change-in-service (41 Ill. Adm. Code
            175.820(d) and 175.830(a)(19));

     6)     A pass/fail determination and notification (Section 176.330(c)) (to be
            submitted to OSFM within 45 days after the receipt of laboratory data in
            connection with a site assessment); and

     7)     Proof of financial responsibility on an annual basis (Section 176.220).

b)   Recordkeeping. Owners and operators must maintain the following information
     for the life of the UST (unless a shorter or longer period is provided in this
     subsection (b) or by the applicable Section cited or by other OSFM rule):

     1)     Documentation of operation of corrosion protection equipment and
            methods (41 Ill. Adm. Code 175.500 and 175.510).

     2)     Documentation of UST repairs (41 Ill. Adm. Code 175.700 and 175.710).

     3)     All records required to show compliance with release detection
            requirements (41 Ill. Adm. Code 175.600 through 175.650), with all tank
            and piping precision test results kept for 2 years or at least until the next
            precision test, whichever is longer.

     4)     All written performance claims pertaining to any release detection system
            used, and the manner in which these claims have been justified or tested
            by the equipment manufacturer or installer.

     5)     Written documentation of all calibration, maintenance and repair of
            release detection equipment permanently located on site, including
            schedules of required calibration and maintenance provided by the release
            detection equipment manufacturer.
                            ILLINOIS REGISTER                                       3194
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      6)     The results of any sampling, testing or monitoring not specified in
             subsections (a), (b), (f) and (g) of this Section.

      7)     Results of the site assessment conducted at removal or change-in-service
             (41 Ill. Adm. Code 175.800) and copies of the results of any other site
             assessment conducted pursuant to OSFM rules with all pass/fail
             determinations and notifications submitted to OSFM pursuant to Section
             176.330.

      8)     Proof of financial responsibility submitted under Section 176.220.

      9)     Copies of all records submitted to OSFM under subsections (a), (f) and (g)
             of this Section.

     10)     Copies of the records required by Sections 176.645 and 176.655.

c)    Availability and Maintenance of Records. Owners or operators shall keep the
      records required in subsection (b) at the UST site or available to the OSFM
      inspector within 30 minutes or before OSFM completes its inspection, whichever
      is later, via fax, email or other transfer of information. Financial responsibility
      records may be maintained at the owner or operator's principal place of business
      and shall be produced within 10 days after OSFM request.

d)    Owners or operators of unmanned sites will be given prior notification of
      inspection/audit of those sites.

e)    Failure to maintain or produce the records required under this Section may result
      in OSFM's issuance of a red tag or revocation of a facility operating permit (green
      decal) for the tank or tanks or facility at issue (see 41 Ill. Adm. Code 177),
      prohibiting any further operation of the facility or further deposit of regulated
      substances into a tank subject to a red tag.

f)    Certification of UST Installation or Upgrade and Related Documentation

      1)     Contractors shall certify, on the form provided by OSFM at
             www.state.il/OSFM/PetroChemSaf/Notify.pdf, that:
                            ILLINOIS REGISTER                                         3195
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                 NOTICE OF ADOPTED AMENDMENTS

            A)      The installer has been certified or licensed by OSFM. If
                    applicable, the contractor shall also certify that the installer has
                    been certified by the tank and piping manufacturers.

            B)      The installation and/or upgrade has been performed in accordance
                    with 41 Ill. Adm. Code 172 through 176.

            C)      All work listed in the manufacturer's installation checklist has been
                    completed and submitted in accordance with this subsection (f), 41
                    Ill. Adm. Code 175.400 and 175.465, Section 176.420 (or
                    compliance with applicable third-party standards or codes cited in
                    OSFM rules as of the date of installation), and Section 176.440(f),
                    if applicable.

     2)     Contractors shall complete the manufacturer's installation checklist for
            USTs, which shall be available at the time of final inspection. The owner
            and operator shall maintain a copy of the checklist on-site for the life of
            the UST.

     3)     In lieu of the contractor's certification, an owner or operator may provide
            OSFM with a certification from a licensed professional engineer with
            education and experience in UST installation stating that the UST
            installation or upgrade was inspected by that engineer and that the UST
            installation or upgrade was properly installed in accordance with
            manufacturer's recommendations and OSFM rules.

     4)     OSFM shall not issue a green decal pursuant to 41 Ill. Adm. Code 177.115
            for the UST until OSFM has received the completed certification of UST
            installation or upgrade by the licensed contractor or the certification of
            proper installation or upgrade from a licensed professional engineer.

g)   Results from precision tank and piping testing, cathodic protection testing, and
     interior lining testing shall be handled as follows:

     1)     All test results are to be issued to the facility and owner.

     2)     Test results that fail must be reported to OSFM within 3 working days.
                                     ILLINOIS REGISTER                                       3196
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                           NOTICE OF ADOPTED AMENDMENTS

               3)     All test results required due to Notice of Violation must be reported to
                      OSFM within 3 working days.

               4)     All test results required to be submitted to OSFM must be submitted with
                      a form provided by OSFM at www.state.il/OSFM/PetroChemSaf
                      /home.htm, under "downloadable applications".

       (Source: Amended at 36 Ill. Reg. 3187, effective February 15, 2012)

                            SUBPART F: OPERATOR TRAINING

Section 176.600 Purpose

The purpose of this Subpart is to set forth procedures for underground storage tank operator
training and inspections and to determine when the training and inspections are required.

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.605 Scope

UST operator training is a requirement that applies to all underground storage tank systems
regulated under 41 Ill. Adm. Code 174, 175, 176 and 177 and 42 USC 82, subchapter IX, except
those excluded from the definition of an underground storage tank system and thereby excluded
from regulation by 41 Ill. Adm. Code 174.100.

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.610 Definitions

               "Certified Operator" means a Class A, B or C Operator who has completed all the
               training required under this Subpart for his or her particular operator training
               classification.

               "Class A Operator" is someone who has primary responsibility to operate and
               maintain a UST. The Class A Operator's responsibilities often include managing
               resources and personnel, such as establishing work assignments, to achieve and
               maintain compliance with regulatory requirements.
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"Class B Operator" is someone who implements applicable UST regulatory
requirements and standards in the field, including the day-to-day aspects of UST
operation, maintenance and recordkeeping at one or more UST facilities.

"Class C Operator" is an employee who is responsible for responding to alarms or
other indications of emergencies caused by spills or releases from USTs. Not all
employees of a UST facility are necessarily Class C Operators.

"Manned Facility" means a UST facility that has a responsible attendant present
during all hours of operation.

"Notice of Violation" or "NOV" means a document issued by OSFM that is the
first step in the OSFM enforcement process.

"Operator Training" means the training required under this Subpart.

"OSFM" means the Office of the State Fire Marshal.

"Third Party Provider" means an entity that provides online or other approved
training and examinations for Class A, B and C Operators and issues the
certificate of completion when the candidates taking the examinations have
completed the training and passed the examination.

"Two-Year Anniversary Date" or "2-Year Anniversary Date" means the 2-year
deadline for completion of repeat training in ordinary course, including
continuing education, training and a general examination. This deadline is the
later of:

       2 years after the completion of initial or repeat training (see Section
       176.615), as shown by the most recent valid completion certificate; or

       2 years after the completion of out-of-compliance retraining (see Section
       176.650), as shown by the most recent valid completion certificate.

"Unmanned Facility" means a UST facility that does not have a responsible
attendant present during all hours of operation.

"UST" means underground storage tank system.
                                      ILLINOIS REGISTER                                       3198
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                          OFFICE OF THE STATE FIRE MARSHAL

                           NOTICE OF ADOPTED AMENDMENTS

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.615 Class A, B and C Operator Classifications

The owner of each UST or group of USTs at a facility must have a Class A, Class B and Class C
Operator designated and shall ensure that each is trained in accordance with this Subpart.
Separate individuals may be designated for one or more classes of operators, and each facility
must designate one or more individuals for each operator class.

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.620 Training

A Class A, Class B or Class C Operator satisfies the training requirements of this Subpart by
completing both training and an examination as determined to be appropriate by OSFM. This
may be internet, computer software, live or equivalent training and examination so long as the
training and examination is approved by OSFM in advance under Section 176.635. All Class A,
B and C Operators shall also complete continuing education and training requirements and a
general examination once every 2 years, with the deadline for the completion of the training and
examination to be no later than the 2-year anniversary date or the last retraining in response to an
NOV, whichever is later. The first retraining deadline shall be August 8, 2014, or the 2-year date
from the last retraining triggered by receipt of an NOV, whichever is later. Class A or Class B
Operators may retrain Class C Operators so long as the training and examination administered to
the Class C Operators has been approved in advance by OSFM and otherwise meets the
requirements of Section 176.635 and this Part.

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.625 Minimum Training Requirements

OSFM will approve an online training mechanism for Class A, Class B and Class C Operators to
be implemented by OSFM approved third party providers. Training and related examinations
under this Subpart shall cover and test for appropriate knowledge of Illinois UST regulations.
Generally, Class A, B and C Operators will be trained in the following:

       a)      For Class A Operators, subject matter shall include, but not be limited to,
               financial responsibility documentation requirements, notification requirements,
               release and suspected release reporting, temporary and permanent closure
               requirements, operator training requirements, and a general knowledge of USTs
                                     ILLINOIS REGISTER                                      3199
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                           NOTICE OF ADOPTED AMENDMENTS

               requirements, including regulations relating to spill prevention, overfill
               prevention, release detection, corrosion protection, emergency response and
               product compatibility;

       b)      For Class B Operators, subject matter shall include, but not be limited to,
               components of UST systems, materials of UST components, methods of release
               detection and release prevention applied to UST components, reporting and
               recordkeeping requirements, operator training requirements, and the operation and
               maintenance requirements of USTs that relate to spill prevention, overfill
               prevention, release detection, corrosion protection, emergency response and
               product compatibility; and

       c)      For Class C Operators, subject matter shall include, but not be limited to,
               recommended responses to emergencies (such as, situations posing an immediate
               danger or threat to the public or to the environment requiring immediate action)
               spill alarms, releases from a UST, the locations and proper operation of
               emergency shutoff systems and the use of other emergency equipment.

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.630 Examination Frequency

The owner of a facility must ensure that Class A and Class B Operators are trained within 30
days after assuming operation and maintenance responsibilities for a UST and that Class C
Operators are trained before assuming responsibility involving emergency response. At no time
may a UST operate without a validly-trained Class A Operator, Class B Operator and Class C
Operator. Continuing education, training and a general examination regarding operator-specific
subject matter shall take place once every 2 years, and evidence of completed retraining shall be
available at the facility in accordance with Sections 176.645, 176.650 and 176.655. OSFM may
also require retraining pursuant to Section 176.650.

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.635 Approval of Required Training and Examination Location

All training programs used to meet the operator training requirements must have prior written
approval by OSFM. These programs must at least meet the criteria of this Subpart in order to be
approved. These programs shall appropriately test the person being trained for knowledge of the
relevant UST technical requirements, including those found at 41 Ill. Adm. Code 174, 175, 176
                                      ILLINOIS REGISTER                                          3200
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                           OFFICE OF THE STATE FIRE MARSHAL

                           NOTICE OF ADOPTED AMENDMENTS

and 177. The provider must also demonstrate its ability to maintain and track test scores and
maintain appropriate security. Upon approval, the training can be conducted multiple times at
multiple locations. The approved training can include in-class, online, or hands-on training.
Submission of an incomplete application may result in the denial of the application. If OSFM has
denied a training provider's application 3 times, the applicant shall not re-submit an application
for a period of one year from the date of receipt of the third denial.

       a)      Course approvals shall be valid for a period of 5 years. Applications must be
               submitted at least 120 days prior to the first scheduled date of training and at least
               120 days prior to the expiration of the course approval. Applications for approval
               of training courses shall be on OSFM forms on 8½ by 11 sheets of paper or via
               electronic submission and contain:

               1)     a complete course outline, including:

                      A)      a detailed description of subject matter, order of presentation, and
                              amount of time scheduled for the course presentation, with a
                              breakdown of time spent on each specific area of instruction;

                      B)      a description of all training aids, devices and handouts;

                      C)      a description of the test to be given at the conclusion of each
                              training course, including:

                              i)      procedures for conducting and grading the test (including a
                                      description of the hands-on practical demonstration of
                                      knowledge at the UST site, if applicable);

                              ii)     the passing score for the training exam and any procedure
                                      for review of failing areas and retesting for any Class A, B
                                      or C Operator who fails to achieve an initial passing grade;

                              iii)    the number of questions per topic identified in Section
                                      176.625; and

                              iv)     examples or a sampling of test questions;

                      D)      one set of proposed training materials;
                           ILLINOIS REGISTER                                       3201
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                 NOTICE OF ADOPTED AMENDMENTS

            E)      sample certificates;

            F)      the methodology for verifying participation and completion;

            G)      the anticipated number and locations for any classroom, hands-on
                    or webinar course to be offered;

            H)      the name, address and phone number of the training provider and
                    of the contact person;

            I)      the credentials of any classroom, hands-on or webinar instructors,
                    including title, affiliation and summary of professional background
                    (i.e., a curriculum vitae); and

            J)      a certification that the technology or methods to be presented in the
                    training program will satisfy Illinois and federal laws.

b)   The minimum required passing score set by the training provider shall be at least
     75%. The training provider must supply those individuals who successfully
     complete a training program with a certificate of training documenting the level of
     training received. Upon request, the training provider must submit individual test
     results and documents verifying training completion to OSFM. This information
     shall include student rosters, student information, test results and other
     information as may be requested by OSFM.

c)   Training providers will be required to apply for and receive written approval from
     OSFM for any modifications to approved training programs prior to their
     implementation. All training must reflect the existing State of Illinois
     requirements for the operation and maintenance of USTs and must be updated for
     any Illinois statute or rule changes affecting operation and maintenance
     requirements. OSFM may review and propose revision to the entire training
     program at the time of any requested modification.

d)   Online and software courses shall possess reasonable topic and total course
     minimum time requirements to insure that trainees read the online materials.

e)   OSFM may periodically audit or review any training class, and the trainer shall
     allow a maximum of 2 OSFM employees to attend any training class on request
     without charge and without certification.
                                     ILLINOIS REGISTER                                       3202
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                           OFFICE OF THE STATE FIRE MARSHAL

                           NOTICE OF ADOPTED AMENDMENTS


       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.640 Examination Fees

The UST facility owner or operator shall pay the approved provider a reasonable fee for online
or other approved training and testing for Class A, Class B and Class C Operators.

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.645 Recordkeeping

       a)     The following records shall be maintained and readily available at each UST
              facility:

              1)      A list of the designated current Class A, Class B and Class C Operators for
                      the UST facility (identified by facility number and address), including:

                      A)     For each Class A, B and C Operator, records detailing the name,
                             date each assumed duties, training classification (Class A, B or C
                             or a combination), and date current completion certificate will
                             expire; and

                      B)     For Class A and Class B Operators who are not permanently onsite
                             or who are assigned to more than one facility, telephone numbers
                             to contact the Class A and B Operators;

              2)      A copy of the current testing certificates showing the name of the trainee,
                      date trained and operator class for all current Class A, B and C Operators.
                      These certificates shall also be signed by the trainer and include the
                      company name, address, phone and, for computer-based programs, the
                      name of the training program and web address where internet-based;

              3)      A copy of the current Class C Operator instructions or procedures required
                      by subsection (b); and

              4)      A copy of the written UST facility operation and maintenance plan and all
                      quarterly inspection checklists used by the certified operators for the past
                      2 years pursuant to Section 176.655.
                                    ILLINOIS REGISTER                                       3203
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                         NOTICE OF ADOPTED AMENDMENTS


      b)     The UST owner shall provide all Class C Operators with written instructions that
             include all of the following:

                    1)      Emergency response procedures, including:

                    A)      procedures for overfill protection during delivery of regulated
                            substances;

                    B)      operation of emergency shut-off systems;

                    C)      appropriate responses to all alarms;

                    D)      reporting of leaks, spills and releases; and

                    E)      site-specific emergency procedures, if any.

             2)     The name and other information needed for contacting appropriate parties
                    if a leak, spill, release or alarm occurs.

      c)     For unmanned facilities, the records identified in subsections (a) and (b) shall be
             maintained at the UST facility or available to the OSFM inspector within 30
             minutes or before OSFM completes its inspection, whichever is later, via
             facsimile, e-mail, hand delivery or other transfer of information.

      (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.650 Out-of-Compliance Retraining

      a)     Appropriate retraining, including both training and testing, is required for both
             Class A and Class B Operators of USTs determined by OSFM to be out of
             compliance by issuing an NOV pertaining to release detection, corrosion
             protection, spill and overfill, financial responsibility, or failure to complete
             training and testing as required by this Subpart.

      b)     Retraining required under this Section shall be completed within 60 days after
             issuance of the NOV indicating noncompliance.
                                    ILLINOIS REGISTER                                        3204
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                         NOTICE OF ADOPTED AMENDMENTS

      c)     Evidence of competed retraining shall be at the UST facility and available for
             inspection within 60 days after issuance of the NOV indicating noncompliance.
             When the NOV pertains to a failure to complete the training and testing required
             by this Subpart, the owner must have evidence of completed training and testing
             at the facility and available for inspection within 30 calendar days after receipt of
             the NOV.

      (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.655 Written Facility Operations and Maintenance Plan and Class A, B and C
Operator Responsibilities

      a)     At a manned facility, a Class A, Class B or Class C Operator must be onsite at all
             times. For unmanned facilities, emergency contact information for Class A, B
             and C Operators, including names and telephone numbers, shall be conspicuously
             posted at the facility unless a toll-free number for 24 hour dispatch to the facility
             has been prominently displayed at the facility. At both manned and unmanned
             facilities, the Class C Operator is responsible for responding to alarms or other
             indications of emergencies caused by spills or releases from USTs and shall be
             familiar with the written emergency response instructions and procedures for the
             facility.

      b)     Inspections and Operations and Maintenance Plan. Each Class A or Class B
             Operator shall perform a quarterly inspection of each storage tank system for
             which he or she is designated and shall record the results of each inspection on a
             checklist to be maintained with the facility records.

             1)     At a minimum, quarterly inspections shall be conducted and recorded on a
                    checklist that details the inspection of the following:

                    A)      Release detection methods, including monitoring systems and all
                            associated sensors, checking that they are fully operational, for
                            potential releases, for all required records, and whether UST
                            facility staff and Class C Operators appropriately responded to all
                            alarms and any conditions that might have indicated a release of a
                            regulated substance;

                    B)      The overall status of the UST, for alarms and unusual operating
                            conditions that may indicate a release, and investigating and
              ILLINOIS REGISTER                                        3205
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     NOTICE OF ADOPTED AMENDMENTS

       documenting same if it has not been reported as a suspected release
       under Subpart C;

C)     Integrity of spill and overfill prevention and spill containment
       equipment and manholes (for cracks, holes or bulges), and for the
       presence of regulated substances, water or debris in the spill
       prevention equipment;

D)     Dispensers, hoses, breakaways, hardware, visible product piping
       and dispenser sumps for the presence of regulated substances,
       water and debris;

E)     All containment sumps, including those at the submersible junction
       sumps, remote fills, single-wall piping sumps, and at secondary
       containments, for visual damage to the sump, for the presence of
       regulated substances or any indication that a release may have
       occurred, and that these sumps are free of water, product and
       debris;

F)     If an alarm condition has occurred since the last monthly
       inspection on any double-wall system, whether UST staff and
       Class C Operators appropriately responded, and, if necessary,
       whether the appropriate sumps were opened, inspected and
       cleaned, with the sensors placed back into operational position or
       status in such a manner as to detect a leak at the earliest possible
       time;

G)     That any impressed current cathodic protection system being
       utilized is operational, checking and recording that the power is on
       and that the voltage, amps and hour meter have the appropriate
       readings required under Section 175.510(f);

H)     All UST equipment including emergency shutoffs, for the presence
       or absence of visible damage to any UST component;

I)     All required signs are fully visible and all communication systems
       in place and operational; and
                            ILLINOIS REGISTER                                        3206
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                 NOTICE OF ADOPTED AMENDMENTS

            J)      All other daily, monthly and annual inspections, testing, reporting
                    and records as required under 41 Ill. Adm. Code 174, 175 and 176.

     2)     UST facility owners and operators shall, in conjunction with their
            designated Class A and B Operators, adopt and implement a written
            operations and maintenance plan signed by both the owner and either a
            Class A or Class B Operator designated for the UST facility. The plan
            shall be kept at the facility for the life of the UST and shall be updated to
            reflect changes in the UST facility equipment and operations as they
            occur. The operations and maintenance plan shall be as specific as
            possible for each facility. At a minimum, the operations and maintenance
            plan shall include the following:

            A)      A detailed plan showing what inspections, operations, testing,
                    maintenance and recordkeeping shall be done on a daily, monthly,
                    quarterly and annual basis in accordance with OSFM rules.

            B)      A description of the manner in which UST facility owners and
                    operators properly dispose of regulated substances spilled at the
                    facility, including any water or soil removed from any part of the
                    UST when there is any indication it might be or has been
                    contaminated with a regulated substance.

            C)      The emergency procedures and instructions required under Section
                    176.645.

c)   The certified operators shall ensure that all inspections and testing, as outlined in
     the operations and maintenance plan and required by this Subpart, are properly
     performed. They shall also ensure that the work is performed by licensed
     contractors if required by 41 Ill. Adm. Code 174, 175 or 176.

d)   The certified operators shall provide the UST facility owner and operator with a
     copy of each inspection checklist and alert the owner and operator to any
     condition that requires follow-up actions. The certified operator doing this shall
     date and initial the quarterly inspection checklist, indicating that this information
     has been provided to the UST facility owner and operator and a description of the
     actions taken to correct an issue.
                                     ILLINOIS REGISTER                                       3207
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                           NOTICE OF ADOPTED AMENDMENTS

       e)      A Class A, B or C Operator shall not represent himself or herself as certified
               unless the person has a current valid certificate of training from an approved
               trainer.

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)

Section 176.660 Violations

A facility may not operate after August 8, 2012 unless Class A, B and C Operators have been
designated and trained for each UST that is being operated at each facility. Trained Operators
may be assigned to more than one facility at a time as long as the requirements of this Subpart F
are met, including requirements under Section 176.655(a) that a Class A, B or C Operator be on
site at all times at manned (attended) facilities. Failure to comply with this Subpart shall be
sufficient reason for the summary revocation of the OSFM-issued green tag providing authority
to operate an underground storage tank facility whose Class A, B and C Operators have not been
designated and trained. Failure to remain in compliance with UST rules may also result in
OSFM's issuance of a red tag for the tanks or facility at issue, prohibiting any further operation
of the facility or further deposit of regulated substances into any tank subject to a red tag. An
approved training and testing program may be decertified by OSFM in the event of provider
fraud, misrepresentation, negligence or noncompliance with OSFM rules, or with an OSFM audit
recommendation, in conducting the training or testing.

       (Source: Added at 36 Ill. Reg. 3187, effective February 15, 2012)
                                    ILLINOIS REGISTER                                     3208
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                          DEPARTMENT OF PUBLIC HEALTH

                          NOTICE OF ADOPTED AMENDMENT

1)    Heading of the Part: Emergency Medical Services and Trauma Center Code

2)    Code Citation: 77 Ill. Adm. Code 515

3)    Section Number:               Adopted Action:
      515.620                       Amend

4)    Statutory Authority: Emergency Medical Services (EMS) Systems Act [210 ILCS 50]

5)    Effective Date of Rulemaking: February 15, 2012

6)    Does this rulemaking contain an automatic repeal date? No

7)    Does this rulemaking contain incorporations by reference? No

8)    A copy of the adopted amendment, including any material incorporated by reference, is
      on file in the agency's principal office and is available for public inspection.

9)    Notice of Proposed Amendments Published in Illinois Register: November 14, 2011; 35
      Ill. Reg. 18565

10)   Has JCAR issued a Statement of Objection to this rulemaking? No

11)   Differences between proposal and final version: No changes were made in response to
      comments received during the First Notice or public comment period. No changes were
      made during the Second Notice Period.

12)   Have all the changes agreed upon by the agency and JCAR been made as indicated in the
      agreements issued by JCAR? No agreements were necessary.

13)   Will this rulemaking replace any emergency rulemaking currently in effect? No

14)   Are there any amendments pending on this Part? No

15)   Summary and Purpose of Rulemaking: The rules in Part 515 set forth requirements for
      Emergency Medical Services Systems, including licensing requirements for emergency
      medical technicians. Section 515.620 was added to the rules in 2011 to implement Public
      Act 96-1469, which amended the Emergency Medical Services (EMS) Systems Act to
      authorize the Department to suspend, revoke or refuse to issue or renew the license of any
                                     ILLINOIS REGISTER                                       3209
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                            DEPARTMENT OF PUBLIC HEALTH

                           NOTICE OF ADOPTED AMENDMENT

       licensee who has been convicted of a Class X, Class 1, or Class 2 felony in Illinois or has
       been convicted of an equivalent offense in another state. Section 515.620 adds that
       failure to disclose felony convictions on an application is grounds for license denial or
       revocation. The amendment also states that the Department will have the authority to
       require that the applicant sign authorization permitting the Department to obtain a
       criminal history report from the Illinois State Police or other law enforcement agency at
       the applicant's cost.

16)    Information and questions regarding this rulemaking shall be directed to:

              Susan Meister
              Division of Legal Services
              Department of Public Health
              535 West Jefferson, 5th Floor
              Springfield, Illinois 62761

              217/785-9128
              e-mail: dph.rules@illinois.gov

The full text of the Adopted Amendment begins on the next page:
                                  ILLINOIS REGISTER                           3210
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                         DEPARTMENT OF PUBLIC HEALTH

                         NOTICE OF ADOPTED AMENDMENT

                          TITLE 77: PUBLIC HEALTH
                CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
          SUBCHAPTER f: EMERGENCY SERVICES AND HIGHWAY SAFETY

                               PART 515
          EMERGENCY MEDICAL SERVICES AND TRAUMA CENTER CODE

                                SUBPART A: GENERAL

Section
515.100      Definitions
515.125      Incorporated and Referenced Materials
515.150      Waiver Provisions
515.160      Facility, System and Equipment Violations, Hearings and Fines
515.170      Employer Responsibility

                             SUBPART B: EMS REGIONS

Section
515.200      Emergency Medical Services Regions
515.210      EMS Regional Plan Development
515.220      EMS Regional Plan Content
515.230      Resolution of Disputes Concerning the EMS Regional Plan
515.240      Bioterrorism Grants

                             SUBPART C: EMS SYSTEMS
Section
515.300      Approval of New EMS Systems
515.310      Approval and Renewal of EMS Systems
515.315      Bypass Status Review
515.320      Scope of EMS Service
515.330      EMS System Program Plan
515.340      EMS Medical Director's Course
515.350      Data Collection and Submission
515.360      Approval of Additional Drugs and Equipment
515.370      Automated Defibrillation (Repealed)
515.380      Do Not Resuscitate (DNR) Policy
515.390      Minimum Standards for Continuing Operation
515.400      General Communications
                               ILLINOIS REGISTER                             3211
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                      DEPARTMENT OF PUBLIC HEALTH

                      NOTICE OF ADOPTED AMENDMENT

515.410   EMS System Communications
515.420   System Participation Suspensions
515.430   Suspension, Revocation and Denial of Licensure of EMTs
515.440   State Emergency Medical Services Disciplinary Review Board
515.445   Pediatric Care
515.450   Complaints
515.455   Intra- and Inter-system Dispute Resolution
515.460   Fees
515.470   Participation by Veterans Health Administration Facilities

             SUBPART D: EMERGENCY MEDICAL TECHNICIANS

Section
515.500   Emergency Medical Technician-Basic Training
515.510   Emergency Medical Technician-Intermediate Training
515.520   Emergency Medical Technician-Paramedic Training
515.530   EMT Testing
515.540   EMT Licensure
515.550   Scope of Practice – Licensed EMT
515.560   EMT-B Continuing Education
515.570   EMT-I Continuing Education
515.580   EMT-P Continuing Education
515.590   EMT License Renewals
515.600   EMT Inactive Status
515.610   EMT Reciprocity
515.620   Felony Convictions
515.630   Evaluation and Recognition of Military Experience and Education
515.640   Reinstatement

SUBPART E: EMS LEAD INSTRUCTOR, EMERGENCY MEDICAL DISPATCHER, FIRST
       RESPONDER, PRE-HOSPITAL REGISTERED NURSE, EMERGENCY
  COMMUNICATIONS REGISTERED NURSE, AND TRAUMA NURSE SPECIALIST

Section
515.700   EMS Lead Instructor
515.710   Emergency Medical Dispatcher
515.720   First Responder
515.725   First Responder – AED
515.730   Pre-Hospital Registered Nurse
                               ILLINOIS REGISTER                                  3212
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                      DEPARTMENT OF PUBLIC HEALTH

                     NOTICE OF ADOPTED AMENDMENT

515.740   Emergency Communications Registered Nurse
515.750   Trauma Nurse Specialist
515.760   Trauma Nurse Specialist Program Plan

                 SUBPART F: VEHICLE SERVICE PROVIDERS

Section
515.800   Vehicle Service Provider Licensure
515.810   EMS Vehicle System Participation
515.820   Denial, Nonrenewal, Suspension and Revocation of a Vehicle Service Provider
          License
515.825   Alternate Response Vehicle
515.830   Ambulance Licensing Requirements
515.835   Stretcher Van Provider Licensing Requirements
515.840   Stretcher Van Requirements
515.845   Operation of Stretcher Vans
515.850   Reserve Ambulances
515.860   Critical Care Transport

          SUBPART G: LICENSURE OF SPECIALIZED EMERGENCY
            MEDICAL SERVICES VEHICLE (SEMSV) PROGRAMS

Section
515.900   Licensure of SEMSV Programs – General
515.910   Denial, Nonrenewal, Suspension or Revocation of SEMSV Licensure
515.920   SEMSV Program Licensure Requirements for All Vehicles
515.930   Helicopter and Fixed-Wing Aircraft Requirements
515.935   EMS Pilot Specifications
515.940   Aeromedical Crew Member Training Requirements
515.945   Aircraft Vehicle Specifications and Operation
515.950   Aircraft Medical Equipment and Drugs
515.955   Vehicle Maintenance for Helicopter and Fixed-wing Aircraft Programs
515.960   Aircraft Communications and Dispatch Center
515.965   Watercraft Requirements
515.970   Watercraft Vehicle Specifications and Operation
515.975   Watercraft Medical Equipment and Drugs
515.980   Watercraft Communications and Dispatch Center
515.985   Off-Road SEMSV Requirements
515.990   Off-Road Vehicle Specifications and Operation
                                  ILLINOIS REGISTER                                    3213
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                         DEPARTMENT OF PUBLIC HEALTH

                         NOTICE OF ADOPTED AMENDMENT

515.995      Off-Road Medical Equipment and Drugs
515.1000     Off-Road Communications and Dispatch Center

                           SUBPART H: TRAUMA CENTERS

Section
515.2000     Trauma Center Designation
515.2010     Denial of Application for Designation or Request for Renewal
515.2020     Inspection and Revocation of Designation
515.2030     Level I Trauma Center Designation Criteria
515.2035     Level I Pediatric Trauma Center
515.2040     Level II Trauma Center Designation Criteria
515.2045     Level II Pediatric Trauma Center
515.2050     Trauma Center Uniform Reporting Requirements
515.2060     Trauma Patient Evaluation and Transfer
515.2070     Trauma Center Designation Delegation to Local Health Departments
515.2080     Trauma Center Confidentiality and Immunity
515.2090     Trauma Center Fund
515.2100     Pediatric Care (Renumbered)
515.2200     Suspension Policy for Trauma Nurse Specialist Certification

                        SUBPART I: EMS ASSISTANCE FUND

Section
515.3000     EMS Assistance Fund Administration

           SUBPART J: EMERGENCY MEDICAL SERVICES FOR CHILDREN

Section
515.3090     Pediatric Recognition of Hospital Emergency Departments and Inpatient Critical
             Care Services
515.4000     Facility Recognition Criteria for the Emergency Department Approved for
             Pediatrics (EDAP)
515.4010     Facility Recognition Criteria for the Standby Emergency Department Approved
             for Pediatrics (SEDP)
515.4020     Facility Recognition Criteria for the Pediatric Critical Care Center (PCCC)

515.APPENDIX A      A Request for Designation (RFD) Trauma Center
515.APPENDIX B      A Request for Renewal of Trauma Center Designation
                                     ILLINOIS REGISTER                                     3214
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                           NOTICE OF ADOPTED AMENDMENT

515.APPENDIX C        Minimum Trauma Field Triage Criteria
515.APPENDIX D        Standing Medical Orders
515.APPENDIX E        Minimum Prescribed Data Elements
515.APPENDIX F        Template for In-House Triage for Trauma Centers
515.APPENDIX G        Credentials of General/Trauma Surgeons Level I and Level II
515.APPENDIX H        Credentials of Emergency Department Physicians Level I and Level II
515.APPENDIX I        Credentials of General/Trauma Surgeons Level I and Level II Pediatric
                      Trauma Centers
515.APPENDIX J        Credentials of Emergency Department Physicians Level I and Level II
                      Pediatric Trauma Centers
515.APPENDIX K        Application for Facility Recognition for Emergency Department with
                      Pediatrics Capabilities
515.APPENDIX L        Pediatric Equipment Recommendations for Emergency Departments
515.APPENDIX M        Inter-facility Pediatric Trauma and Critical Care Consultation and/or
                      Transfer Guideline
515.APPENDIX N        Pediatric Critical Care Center (PCCC)/Emergency Department Approved
                      for Pediatrics (EDAP) Recognition Application
515.APPENDIX O        Pediatric Critical Care Center Plan
515.APPENDIX P        Pediatric Critical Care Center (PCCC) Pediatric
                      Equipment/Supplies/Medications Requirements

AUTHORITY: Implementing and authorized by the Emergency Medical Services (EMS)
Systems Act [210 ILCS 50].

SOURCE: Emergency Rule adopted at 19 Ill. Reg. 13084, effective September 1, 1995 for a
maximum of 150 days; emergency expired January 28, 1996; adopted at 20 Ill. Reg. 3203,
effective February 9, 1996; emergency amendment at 21 Ill. Reg. 2437, effective January 31,
1997, for a maximum of 150 days; amended at 21 Ill. Reg. 5170, effective April 15, 1997;
amended at 22 Ill. Reg. 11835, effective June 25, 1998; amended at 22 Ill. Reg. 16543, effective
September 8, 1998; amended at 24 Ill. Reg. 8585, effective June 10, 2000; amended at 24 Ill.
Reg. 9006, effective June 15, 2000; amended at 24 Ill. Reg. 19218, effective December 15, 2000;
amended at 25 Ill. Reg. 16386, effective December 20, 2001; amended at 26 Ill. Reg. 18367,
effective December 20, 2002; amended at 27 Ill. Reg. 1277, effective January 10, 2003; amended
at 27 Ill. Reg. 6352, effective April 15, 2003; amended at 27 Ill. Reg. 7302, effective April 25,
2003; amended at 27 Ill. Reg. 13507, effective July 25, 2003; emergency amendment at 29 Ill.
Reg. 12640, effective July 29, 2005, for a maximum of 150 days; emergency expired December
25, 2005; amended at 30 Ill. Reg. 8658, effective April 21, 2006; amended at 32 Ill. Reg. 16255,
effective September 18, 2008; amended at 35 Ill. Reg. 6195, effective March 22, 2011; amended
at 35 Ill. Reg. 15278, effective August 30, 2011; amended at 35 Ill. Reg. 16697, effective
                                    ILLINOIS REGISTER                                       3215
                                                                                           12
                           DEPARTMENT OF PUBLIC HEALTH

                           NOTICE OF ADOPTED AMENDMENT

September 29, 2011; amended at 35 Ill. Reg. 18331, effective October 21, 2011; amended at 35
Ill. Reg. 20609, effective December 9, 2011; amended at 36 Ill. Reg. 880, effective January 6,
2012; amended at 36 Ill. Reg. 2296, effective January 25, 2012; amended at 36 Ill. Reg. 3208,
effective February 15, 2012.

                  SUBPART D: EMERGENCY MEDICAL TECHNICIANS

Section 515.620 Felony Convictions

       a)     Applicants and licensees convicted of an Illinois Class X, Class 1 or Class 2
              felony or an out-of-state equivalent offense shall be subject to adverse licensure
              actions under Section 3.50(d)(8) of the Act. In determining whether an applicant
              or licensee has been convicted of an out-of-state equivalent offense under Section
              3.50(d)(8)(H) of the Act, the Department shall look to the essential elements of
              the out-of-state offense to determine whether that conviction is substantially
              equivalent to an Illinois Class X, Class 1 or Class 2 felony. The fact that the out-
              of-state offense may be named or classified differently by another state, territory
              or country shall not be considered in determining whether the out-of-state offense
              is equivalent. The controlling factor shall be whether the essential elements of the
              out-of-state offense are substantially equivalent to the essential elements of an
              Illinois Class X, Class 1 or Class 2 felony (Section 3.50(d) of the Act).

       b)     All applicants for any license, permit or certification under the Act shall fully
              disclose any and all felony convictions in writing to the Department at the time of
              initial application or renewal. Failure to disclose all felony convictions on an
              application submitted to the Department shall be grounds for license denial or
              revocation (see Section 515.430).

       c)     AllBeginning June 1, 2011, all licensees and certificate and permit holders under
              the Act shall report all new felony convictions to the Department within seven
              days after conviction. Convictions shall be reported by means of a letter to the
              Department.

       d)     For applicants with a Class X, Class 1 or Class 2 felony or an out-of-state
              equivalent offense (Section 3.50(d) of the Act), the Department shall have the
              authority to require that the applicant sign an authorization permitting the
              Department to obtain a criminal history report from the Illinois State Police or
              other law enforcement agency at the applicant's cost. The failure or refusal of any
              felony applicant to provide the authorization and fee required by the applicable
                              ILLINOIS REGISTER                                        3216
                                                                                      12
                    DEPARTMENT OF PUBLIC HEALTH

                    NOTICE OF ADOPTED AMENDMENT

       law enforcement agency shall be grounds for denial of licensure, including
       renewal.

e)     In deciding whether to issue any license to a person with a felony conviction
       under Section 3.50(d) of the Act, the Department shall consider the degree to
       which the applicant's criminal history suggests that the applicant may present a
       risk to patients. Factors to be considered shall include, but not be limited to:

       1)     The length of time since the conviction and the severity of the penalty
              imposed;

       2)     Whether the conviction involved theft, deception or infliction of
              intentional, unjustified harm to others;

       3)     Whether there are repeat or multiple convictions or whether the
              convictions suggest a particular pattern of overall disregard for the safety
              or property of others;

       4)     Whether the conviction suggests a propensity that may pose a threat to the
              public in stressful situations commonly confronted by EMS providers and
              First Responders;

       5)     The degree to which the applicant provided full, complete and accurate
              information upon written request of the Department; and

       6)     Other unusual facts and circumstances that strongly suggest that the
              applicant should not be granted a license.

f)     The Department may request and the applicant shall provide all additional
       information relevant to the applicant's history and the factors listed in subsection
       (e). The Department shall deny any application when the applicant fails or
       refuses to provide additional relevant information requested by the Department,
       including, but not limited to, providing the written authorization and fee for a
       police criminal background check.

(Source: Amended at 36 Ill. Reg. 3208, effective February 15, 2012)
                                    ILLINOIS REGISTER                                      3217
                                                                                          12
                                  SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS

1)    Heading of the Part: Illinois State Library, Library Operations Division

2)    Code Citation: 23 Ill. Adm. Code 3010

3)    Section Numbers:              Proposed Action:
      3010.10                       Amend
      3010.40                       Amend
      3010.60                       Amend
      3010.110                      Amend
      3010.120                      Amend
      3010.130                      Amend
      3010.140                      Amend
      3010.160                      Amend
      3010.210                      Amend
      3010.310                      Amend
      3010.EXHIBIT A                Amend
      3010.EXHIBIT B                Amend
      3010.EXHIBIT C                Amend
      3010.EXHIBIT D                Amend
      3010.EXHIBIT E                New

4)    Statutory Authority: Implementing and authorized by the State Library Act [15 ILCS
      320]

5)    Effective Date: February 16, 2012

6)    Does this rulemaking contain and automatic repeal date? No

7)    Does this rulemaking contain incorporations by reference? Section 3010.160(f) refers to
      "The Interlibrary Loan Code of the United States. Revised 2008" published by the
      American Library Association, 50 E. Huron, Chicago, IL 60611.

8)    A copy of the adopted amendments, including any material incorporated by reference, is
      on file and available at the Illinois State Library, Gwendolyn Brooks Building, 300 South
      Second Street, Springfield IL 62701-1796.

9)    Notice of Proposal Published in the Illinois Register: Sept. 23, 2011; 35 Ill. Reg. 15424

10)   Has JCAR issued a Statement of Objection to this rulemaking? No
                                     ILLINOIS REGISTER                                       3218
                                                                                            12
                                  SECRETARY OF STATE

                          NOTICE OF ADOPTED AMENDMENTS


11)   Difference between proposal and final version:

      In Section 3010.160 (f), the date of the Interlibrary Loan Code of the United States was
      changed from "2001" to "2008".

      In Section 3010.Exhibit A (11), a semicolon replaces the comma after the word "exits".

      In Section 3010. Exhibit E − IV-9, "authorized fees" was changed to "fees authorized by
      VII (Fees)".

      In Section 3010. Exhibit E − V-7, after "bills" add "to the requesting library".

      In Section 3010. Exhibit E − VI-3, the word "or" replaces the slash between the words
      "Rush" and "Urgent".

12)   Have all changes agreed upon by the agency and JCAR been made as indicated in the
      agreement letter from JCAR? Yes

13)   Will this rulemaking replace any emergency rulemaking currently in effect? No

14)   Are there any other amendments pending on this Part? No

15)   A Complete Description of the Subjects and Issues Involved: This rulemaking changes
      the name of the title of the Part from "Illinois State Library, Library Services Division" to
      "Illinois State Library, Library Operations Division". These amendments clarify
      procedures for access to the stacks by library users; registration for a temporary stack
      pass and a library card; loan periods; fees for computer printouts; use of the public
      service area; and interlibrary loan procedures governed by the Illinois Interlibrary Code
      enumerated in 3010.Exhibit E.

16)   Information and questions regarding this rulemaking shall be directed to:


             Joseph Natale
             Rules Coordinator
             Illinois State Library
             Gwendolyn Brooks Building
             Springfield, IL 62701-1796
                                   ILLINOIS REGISTER                3219
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                                 SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS


              217/558-4185; jnatale@ilsos.net

The full text of the Adopted Amendments begins on the next page:
                                 ILLINOIS REGISTER                   3220
                                                                    12
                                SECRETARY OF STATE

                       NOTICE OF ADOPTED AMENDMENTS

              TITLE 23: EDUCATION AND CULTURAL RESOURCES
                     SUBTITLE B: CULTURAL RESOURCES
                      CHAPTER I: SECRETARY OF STATE

                                 PART 3010
      ILLINOIS STATE LIBRARY, LIBRARY OPERATIONSSERVICES DIVISION

               SUBPART A: USE OF THE ILLINOIS STATE LIBRARY

Section
3010.10     Definitions
3010.20     Service Populations
3010.30     Hours of Service
3010.40     Library StacksStack Area
3010.50     Use by the General Public
3010.60     Copies and Printouts

           SUBPART B: COLLECTION ACCESS SECTION (CIRCULATION)

Section
3010.110    Circulation of Materials
3010.120    Materials for Loan
3010.130    Loan Periods
3010.140    Holds, Recalls and Renewals
3010.150    Return of Materials
3010.160    Replacement of Lost and/or Damaged Materials
3010.170    Theft of Materials
3010.180    Photocopies (Repealed)

              SUBPART C: REFERENCEPUBLIC SERVICES SECTION

Section
3010.210    Reference Service

                   SUBPART D: RESOURCE SHARING SECTION
                           (INTERLIBRARY LOAN)

Section
3010.310    Interlibrary Loan
                                      ILLINOIS REGISTER                                     3221
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                                    SECRETARY OF STATE

                           NOTICE OF ADOPTED AMENDMENTS

3010.320       Resource Sharing Agreements

Section
3010.EXHIBIT A      StacksTemporary Stack Pass Application
3010.EXHIBIT B      Use of the Public Services Areas of the Illinois State Library: General
                    Policies and Guidelines
3010.EXHIBIT C      Illinois State Library Card Application Form: Courtesy Card
3010.EXHIBIT D Illinois State Library Card Application Form: Regular Card
3010.EXHIBIT E                 ILLINET Interlibrary Loan Code

AUTHORITY: Implementing and authorized by the State Library Act [15 ILCS 320].

SOURCE: Amended July 18, 1973; rules repealed, new rules adopted and codified at 7 Ill. Reg.
13679, effective October 4, 1983; amended at 25 Ill. Reg. 5412, effective April 1, 2001;
amended at 30 Ill. Reg. 16324, effective October 2, 2006; amended at 36 Ill. Reg. 3217, effective
February 16, 2012.

                  SUBPART A: USE OF THE ILLINOIS STATE LIBRARY

Section 3010.10 Definitions

The following definitions in alphabetical order apply to this Part:

               "Bibliographic Instruction" means the on-site education of patrons in the use of
               the State Library's collections, resources and equipment.

               "Copies" means facsimile reproductions of information from any medium into the
               same or different medium.

               "General public" means persons other than the employees of the State of Illinois.

               "ILLINET" means the Illinois Library and Information Network.

               "Interlibrary loan" means a cooperative arrangement among libraries by which
               one library may borrow and lend material through established library channels
               using standard procedures.

               "Officials and employees of State government" means all persons employed by
               the State of Illinois or elected or appointed to State office.
                                     ILLINOIS REGISTER                                      3222
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                                  SECRETARY OF STATE

                          NOTICE OF ADOPTED AMENDMENTS


              "Patron" means any person using the services of a library.

              "Ready-Reference Service" means the provision of information that is readily
              available, brief in nature and/or easily verified.

              "Research Service" means the provision of information that requires research and
              time to collect, verify and/or find.

       (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)

Section 3010.40 Library StacksStack Area

The book stacksbookstack area of the State Library is closed except to the following persons:

       a)     State Library employees.

       b)     Maintenance personnel.

       c)     Patrons who have registered for a stacks passpre-registered with a Library
              OperationsServices manager or reference librarian. Registration is through
              completion ofThe pre-registration shall be by means of a letter stating the patron's
              specific need for access to the stacks or by completing a form for temporary
              access available at the circulation desk. (See Exhibit A.) Applications for
              privileges will be reviewed and authorized by a Library OperationsServices
              manager or reference librarian. In granting stacksstack access privileges,
              consideration will include the manager will consider whether the collection will
              meet the needs of the patron. Patrons must be in good standing with the State
              Library to receive stacksstack privileges. No briefcases or other containers are
              allowed in the book stacks areasbookstack area. No food or drink is permitted in
              the stacksstack areas.

       d)     All stacksstack access privileges shall have appropriate expiration dates assigned
              (maximum of three years). TheSuch privileges may be revoked at any time for
              violation of the State Library's rules or operating procedures.

       (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)

Section 3010.60 Copies and Printouts
                                    ILLINOIS REGISTER                                       3223
                                                                                           12
                                  SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS


      a)     The State Library shall provide copies and printouts in answer to reference
             requests and interlibrary loan within the guidelines of the U.S. Copyright Law (17
             USC 1 et seq.). The format and number of copies provided will depend upon the
             size and condition of the item to be copied. The format and number of copies also
             depend on staff availability and scheduling. Copies, including scanning, will be
             made only from materials in the library's collection.

      b)     State employees who areRegular borrowers, not engaged in work-related
             inquiries, and the general public shall be charged for copies and printouts at the
             following rates:

              Black and white photocopies      $.25 per square foot or fraction
              and printouts                    thereof. No charge for Illinois
                                               libraries up to $10.

              Color photocopies and            $1.00 per square foot or fraction
              printouts                        thereof. No charge for Illinois
                                               libraries up to $10.

              ScanningColor scanning to        $1.00 per square foot or fraction
              library-provided storage disc    thereof based on the size of the
              or other electronic storage      original area to be scanned. There
              device, aerial photos and        will be a one-time $10 set up fee per
              other digital imagesuser-        order if there is no pre-existing digital
              provided disc                    image of any of the items included in
                                               the order. No charge for Illinois
                                               libraries up to $20 for the total order.

              Digital copy of digital aerial   $4 per image. No charge for Illinois
              photo or other digital image     libraries up to $12.

      (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)

           SUBPART B: COLLECTION ACCESS SECTION (CIRCULATION)

Section 3010.110 Circulation of Materials

      a)     Direct borrowers
                             ILLINOIS REGISTER                                         3224
                                                                                      12
                           SECRETARY OF STATE

                  NOTICE OF ADOPTED AMENDMENTS


       1)     Regular borrower's card. Officials and employees of State government
              may borrow directly from the State Library's circulating system by means
              of a regular borrower's card. Eligible patrons must present their State
              identification badge/card in order to register for a regular borrower's card.
              When no identification is provided, State Library staff will verify the
              patron's State employment. The library card application is included as
              Exhibit D.

       2)     Courtesy (general public or retired officials and employees of State
              government) borrower's card. Members of the general public or retired
              officials and employees of State government are eligible to borrow
              materials directly from the State Library's circulating collection. Patrons
              must present a valid Illinois public library card; valid current Illinois, non-
              resident library card; or proof of State of Illinois retirement status. Patrons
              must then complete the form (see Exhibit C) provided by State Library
              staff.

       3)     Special borrower's card. Any individual needing to borrow materials
              directly from the State Library's circulating collections for work related
              purposes may apply for a special borrower's card. The Library
              OperationsServices manager or designee will base her/his decision to
              grant a card on whether the collection can reasonably meet the research
              needs of the applicant.

       4)     Consortial agreements. The State Librarian or his/her designee may enter
              into mutually beneficial consortial agreements with other libraries for the
              purpose of resource sharing. Patrons of a consortial library are eligible to
              borrow materials directly from the State Library's circulating collection.
              Borrowers must present a currently valid institutional identification card
              bearing their name and identification number.

b)     Indirect borrowers
       The State Library's circulating collection is available to patrons of other
       librariesState residents through the resource sharing provisions of ILLINET.
       ThisSuch borrowing shall be conducted by means of established interlibrary loan
       procedures.

(Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)
                                       ILLINOIS REGISTER                                       3225
                                                                                              12
                                    SECRETARY OF STATE

                            NOTICE OF ADOPTED AMENDMENTS


Section 3010.120 Materials for Loan

All State Library materials are available for loan except those which are designated for in-library
use only (such as archival copies of Illinois documents). A patron may borrow whatever number
of books or materials are needed to answer his/her request.

       (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)

Section 3010.130 Loan Periods

Circulating materials are loaned for a period ranging from overnight to four weeks. Circulation
periods for all materials are available upon request at the Illinois State Library Circulation desk.

       (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)

Section 3010.140 Holds, Recalls and Renewals

Materials borrowed for four weeks may subsequently be renewed for a period of four weeks if
the materials requested are not requested by another patron.

       a)      Holds may be placed on all materials in circulation.

       b)      Materials may be renewed for a period of four weeks if the materials requested
               are not on hold.

       (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)

Section 3010.160 Replacement of Lost and/or Damaged Materials

       a)      Direct and indirect borrowers who fail to return an item or damage an item
               beyond the point of usability will be billed for the current replacement cost of
               each item. The "replacement cost" is determined by the State Librarian or his/her
               designee and is equal to the cost to replace the item exactly in all physical aspects
               such as (but not limited to) edition, condition, preservation processes, binding
               type, paper quality, format, and author inscription.

       b)      The borrower will be billed a processing fee in addition to the replacement cost.
               The processing fee shall be determined by the State Librarian or his/her designee
                                    ILLINOIS REGISTER                                       3226
                                                                                           12
                                  SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS

             in accord with current statewide or national averages for library materials
             processing.

      c)     Borrowers who are billed for a lost or damaged item may replace the item with a
             replica that is exact in every way within 30 days afterof the invoice date. The
             replacement must be exact in all qualities such as, (but not limited to,) edition,
             condition, preservation processes, binding type, paper quality, format, and author
             inscription. Replacements must be approved by the State Librarian or his/her
             designee. Extensions to the 30-day period for replacement may be granted by the
             State Librarian or his/her designee. Replacements that are not exact will be
             accepted pending approval by the State Librarian or his/her designee. The
             processing fee will be waived in the case of an accepted replacement.
             Replacements will be submitted by the borrower directly to the State Librarian or
             his/her designee.

      d)     Direct borrowers who fail to pay for items they have lost or damaged shall have
             State Library privileges suspended until payment is made or replacement is
             received.

      e)     Payment for materials lost or damaged as a result of interlibrary loans through
             ILLINET is governed by the ILLINET Interlibrary Loan Code (see Exhibit E).
             Copies of the Code are available from the Office of the Secretary of State, Illinois
             State Library, 4th floor, 300 S. Second Street, Springfield, IL 62701-1796. The
             material incorporated by reference includes no later amendments or editions.

      f)     Payment for materials lost or damaged as a result of interlibrary loan to non-
             ILLINET libraries is governed by "The Interlibrary Loan Code of the United
             States. Revised 2008" published by the American Library Association, 50 E.
             Huron, Chicago IL 60611. No later amendments to this document are
             incorporated in this Sectionthe most recent version of the National Interlibrary
             Loan Code.

      (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)

               SUBPART C: REFERENCEPUBLIC SERVICES SECTION

Section 3010.210 Reference Service

      a)     Bibliographic instruction is available to any on-site patron.
                                    ILLINOIS REGISTER                                        3227
                                                                                            12
                                  SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS


      b)     Ready-Reference Service is provided to all patrons.

      c)     Research Service is provided to officials and employees of State government for
             work-related assignments.

      d)     Officials and employees of State government conducting non-work related
             inquiries and members of the general public who are in need of in-depth reference
             services will be referred to their local public, academic, or institutional libraries.
             Individuals engaged in thesesuch inquiries may avail themselves of the resources
             of the State Library for independent study and may request such bibliographic
             instruction as may be necessary to utilize the State Library's resources and
             collections. State Library staff will provide guidance and suggestions on specific
             resources and libraries that may be of use to the patron.

      (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)

                     SUBPART D: RESOURCE SHARING SECTION
                             (INTERLIBRARY LOAN)

Section 3010.310 Interlibrary Loan

      a)     Borrowing

             1)     Patrons holding a regular borrower's card are eligible for interlibrary loan
                    service for work-related materials.

             2)     Patrons are responsible for adhering to all conditions placed on the
                    interlibrary loan by the lending library.

             3)     Patrons are responsible for the safe return of interlibrary loan material to
                    the State Library and are liable for fees associated with lost or damaged
                    materials as determined by the lending library. Patrons who fail to pay for
                    items they have lost or damaged shall have all State Library privileges
                    suspended until payment is made.

      b)     Lending

             1)     Material from the State Library's circulating collection may be requested
                             ILLINOIS REGISTER                                       3228
                                                                                    12
                           SECRETARY OF STATE

                  NOTICE OF ADOPTED AMENDMENTS

              by any public, special, academic or school library on behalf of the library's
              patrons. Individuals may receive these materials through a library from
              which they are eligible to borrow.

       2)     Loan of materials to ILLINET libraries are made in accordance with the
              provisions of the ILLINET Interlibrary Loan Code (see Exhibit E). Copies
              of the Code are available from the Office of the Secretary of State, Illinois
              State Library, 4th floor, 300 S. Second Street, Springfield, IL 62701-1796.
              The material incorporated by reference includes no later amendments or
              editions. Loans of materials to non-ILLINET libraries are made in
              accordance with the provisions of "The Interlibrary Loan Code of the
              United States"most recent version of the National Interlibrary Loan Code
              (1994, American Library Association, 50 E. Huron St., Chicago, IL
              60611).

(Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)
                                        ILLINOIS REGISTER                             3229
                                                                                     12
                                     SECRETARY OF STATE

                            NOTICE OF ADOPTED AMENDMENTS

Section 3010.EXHIBIT A StacksTemporary Stack Pass Application

                    STACKSTEMPORARY STACK PASS APPLICATION

NAME ADDRESS______________________________________________________________

ADDRESS____________________________________________________________________

_____________________________________________________________________________

DRIVER'S LICENSE # OR STATE ID #____________________________________________

TELEPHONE__________________________________________________________________

E-MAIL ADDRESS_____________________________________________________________

DATE________________________________________________________________________

EMPLOYER (IF APPLICABLE)__________________________________________________

COLLECTION NEEDS/REASON FOR STACKS PASS (describe):




Applicant Signature


Approved by                                                                   Date
                  Name of Library Operations Manager or Reference Librarian
                                     Services Manager

Expiration Date                        (maximum of three years)
                                     ILLINOIS REGISTER                                       3230
                                                                                            12
                                   SECRETARY OF STATE

                           NOTICE OF ADOPTED AMENDMENTS


                                 ILLINOIS STATE LIBRARY

INTRODUCTION TO THE STACKS FOR PATRONS WITH STACK PRIVILEGES

1.     Food or drink are not allowed in the stacksstack area at any time.

2.     Sign in and out at the Circulation Desk and wear the stacksstack pass at all times. Return
       the pass to the desk when you sign out. Any patron not wearing the stacksstack pass will
       be asked to vacate the stacks immediately. Secretary of State Securitysecurity will be
       notified if the patron fails to comply with this request.

3.     Report problems with the compact shelving to stacks staff, if available. If not, report to
       the Circulation Desk. Patrons are not to ratchet the shelving units.

4.     If the alarm sounds, you must leave the building through the emergency exits you were
       shown during your orientation.

5.     Stacks staff who are retrieving materials have priority use of the modules. You are
       encouraged to take materials to the back counter where you may sit and use them. Please
       do not stand in the aisles while using materials.

6.     When you are finished with the materials, please place them on the counter next to the
       elevator. The stacks staff will re-shelvereshelf them for you.

7.     Patrons are not allowed to use the Translogic booklift. It is for staff use only. If you
       wish to transport a large number of items to the Reference Room, etc., please contact the
       stacks staff or someone at the Circulation Desk to assist you.

8.     The map storage rooms and Folio Room are not available to stacks pass users.

STACK PASSES

To Apply for Stack Pass:

1.     Requester must send a letter on agency letterhead to: Library Services Division, c/o
       Illinois State Library, stating the reason for requesting a stack pass or complete the
       Temporary Stack Pass Application.
                                      ILLINOIS REGISTER                                      3231
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                                    SECRETARY OF STATE

                           NOTICE OF ADOPTED AMENDMENTS

2.      Requester will be notified of approval and added to the list of persons with stack access.

9.3.    No one is allowed in the stacks without stacksstack access approval − unless
        accompanied by a reference librarian.

10.4.   Persons wishing to accompany someone with stacksstack access must also have
        stacksstack access approval.

11.5.   Each person with stacksstack access will be given a short orientation. Orientation
        includes review of written information in the sign-in book; information on running the
        compact shelving; location of emergencyfire exits;, etc. Copies of the written information
        in the sign-in book are given to patron for future reference.

12.6.   Library OperationsService Division managers, reference librarians and stacks staff are
        authorized to give orientation.

7.      Library Service Division managers can authorize stack access, daily and/or permanent.

        (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)
                                      ILLINOIS REGISTER                                        3232
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                                    SECRETARY OF STATE

                           NOTICE OF ADOPTED AMENDMENTS

Section 3010.EXHIBIT B Use of the Public Services Areas of the Illinois State Library:
General Policies and Guidelines

                  Use of the Public Services Areas of the Illinois State Library:
                                General Policies and Guidelines

Library Patrons' Responsibilities

Patrons are expected to observe the rights of other patrons and staff members and to use the
library for its intended purposes.

The following will not be allowed in the library:

−      any behavior that endangers the safety or health of others

−      harassment of library patrons or staff

−      violation while in the library of any local, State, or federal law

−      vandalism, theft, or deliberate destruction of library materials or property

−      deliberate disruption of library procedures or violation of Secretary of State policies

−      use of abusive language

−      behavior or decorum that disturbs or could disturb other patrons

−      beverages containing alcohol or in an uncovered container orsmoking, eating or drinking
       except in designated areas

−      any action, activity or condition that obviously causes a public health threat.

Patrons' belongings must be kept with them at all times.

Any patron (including any minor) who is behaving in an inappropriate manner will be
orderedasked to leave the library.

A patron who repeatedly violates these policies and guidelinesrules may be permanently
prohibited from entering the State Library and will be subject to the suspension of library
                                       ILLINOIS REGISTER                                       3233
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                                    SECRETARY OF STATE

                            NOTICE OF ADOPTED AMENDMENTS

privileges by authority of library security and/or library management.

The police will be summoned in cases in which a patron poses a danger to himself/herself or
others, deliberately violates the law, or refuses to leave the library after being orderedasked to do
so.

Use of Computer Equipment

Except for State employees conducting State business, individual sessions are limited to one
hour.

Public access workstations are available only for patrons doing library research and State
employees conducting State business. Only one person per computer is allowed unless the staff
makes an exception.

Library staff members areis solely responsible for the maintenance of computer equipment.
Patrons may not tamper with equipment. PrinterReport printer supply needs, jams, and other
problems shall be reported to the designated public servicereference desk staff.

The use of personal software is prohibited.

Printing:

−      State employees, not engaged in work-related inquiries, and the general public shall be
       given a maximum of 20 sheets for printing.

−      Patrons may not supply their own paper.

−      Patrons may only print on one side of a sheet of paper.

Downloading files:

−       Files may be downloaded to floppy disks only (drive A). Downloading to the hard drive
        (C) is prohibited.

−       Disks are available at the reference desk for State employees conducting work-related
        research.

−      USB portable storage devicesPersonal disks must be virus-checked by library staff prior
                                       ILLINOIS REGISTER                                         3234
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                                     SECRETARY OF STATE

                            NOTICE OF ADOPTED AMENDMENTS

       to use.

Electronic Networks: Guidelines for Use

The Illinois State Library requires that library patrons using electronic information networks
such as the Internet do so within the guidelines of acceptable use. The following activities are
unacceptable and may result in loss of library privileges:

−       use of electronic information networks for any purpose that results in the harassment of
        other users or the promotion of violence

−      violation of system security; destruction of, damage to, or unauthorized alteration of:

       1)        the library's computer equipment software

       2)        network security procedures

−      use of electronic information networks in any way that violates federal or State law

−       use of electronic information networks in any way that violates licensing and payment
        agreements between the Illinois State Library and network/database providers

−       unauthorized duplication of copy protected software or violation of software license
        agreements

−      behaving in a manner that is disruptive to other users, including, but not limited to,
       overuse of computer equipment that serves to deny access to other users

−       sendingending, receiving, or displaying text or graphics that may be reasonably construed
        as obscene.

WIFI

The Illinois State Library provides wireless connectivity in the facility as a public service and
offers no guarantees or representations that any use of the wireless connection is in any way
secure, or that any privacy can be protected when using this wireless connection. Use of this
wireless connection is entirely at the risk of the user, and the Library is not responsible for any
loss of information that may arise from the use of the wireless connection, nor is the Library
responsible for any loss, injury, or damage resulting from the use of the wireless connection.
                                        ILLINOIS REGISTER                                         3235
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                                     SECRETARY OF STATE

                            NOTICE OF ADOPTED AMENDMENTS


The Illinois State Library also assumes no responsibility for damage, theft, or loss of any kind to
the user's equipment, software, data files or other personal property brought into and used at the
Library's facilities.

About Children and the State Library

Internet access at the Illinois State Library is unfiltered, although social networking sites may be
blocked on some public workstations. The Illinois State Library supports the right of all library
users to have access to information and will not deny access to electronic information networks
based solely on age. However, library staff members areis unable to monitor children's use.
TheAdditionally, the Illinois State Library cannot act as a censor or substitute parent.

Children ages 17 and over may use the library without adult supervision.

Children ages 12-16 must either:

−   be accompanied and supervised at all times by an adult OR

−   file with the Illinois State Library a completed copy of the "Permission for Library Use"
    form.

Children ages 11 and under are not permitted to use the resources of the Illinois State Library
without adult supervision.

Teachers, docents, or guardians of tour groups of children are responsible for their groups'
actions, including Internet use. Internet use is available if the child is using the library for library
research.

The Illinois State Library recognizes that electronic information networks such as the Internet
may contain material that is inappropriate for children. Parents are expected to monitor and
supervise their children's use of the Internet. Parents are encouraged to discuss with their
children issues of appropriate use and electronic information network safety. It is the
parents'/guardians' responsibility to ensure that their children's use of the Internet is appropriate
and safe. The Illinois State Library recommends the website
http://www.netsmartz411.org/pamphlet "Child Safety on the Information Highway" from the
National Center for Missing and Exploited Children (http://www.ncmec.org). Copies are
available at the reference desk.
                                    ILLINOIS REGISTER                                     3236
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                                  SECRETARY OF STATE

                          NOTICE OF ADOPTED AMENDMENTS

AGENCY NOTE: Use of the Public Services Areas of the Illinois State Library: General
Policies and Guidelines has been developed in accordance with the following Sections of the
Illinois Compiled Statutes, the United States Code, and the Illinois Administrative Code:

       15 ILCS 320/2 (State Librarian)

       720 ILCS 5/11-20.1(b)(12) (Child pornography/affirmative defense)

       720 ILCS 5/16B-2 (Library theft)

       720 ILCS 5/16B-2.1 (Criminal mutilation or vandalism of library materials)

       720 ILCS 5/Art. 16D (Computer Crime)

       720 ILCS 5/26-1(a)(1) (Disorderly conduct)

       17 USC 106 (Exclusive rights in copyrighted works)

       17 USC 117 (Limitations on exclusive rights: computer programs)

       23 IAC 3010.170 (Theft of materials)

       (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)
                                ILLINOIS REGISTER                                      3237
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                               SECRETARY OF STATE

                       NOTICE OF ADOPTED AMENDMENTS

Section 3010.EXHIBIT C Illinois State Library Card Application Form: Courtesy Card

                               ILLINOIS STATE LIBRARY
                                    CIRCULATION
                                   300 S. SECOND ST.
                               SPRINGFIELD IL 62701-1796

           ILLINOIS STATE LIBRARY CARD APPLICATION FORM – COURTESY CARD

DATE                   NAME
                                      (last)                       (first)            (m.i.)

HOME INFORMATION                               PUBLIC LIBRARY CARD INFORMATION

STREET                                         LIBRARY

CITY                                           CARD #

ZIP                                            EXPIRATION

PHONE                                          STAFF USE ONLY
WORK INFORMATION                               Library Card Expiration Date:
BUSINESS

STREET

CITY

ZIP

PHONE

E-MAIL
I HEREBY PROMISE TO ASSUME FULL RESPONSIBILITY FOR ANY LIBRARY MATERIALS BORROWED
ON THIS CARD. I WILL RETURN THE MATERIALS ON OR BEFORE THE DATE DUE, PAY RETURN
POSTAGE OR EXPRESS, AND PAY FOR ANY LOSSES OR DAMAGES. ALL PATRON RECORDS ARE
KEPT STRICTLY CONFIDENTIAL.


SIGNATURE

SIGNATURE OF RESPONSIBLE
PARTY FOR CHILDREN UNDER 13:

STAFF USE ONLY

Barcode                                                              Staff Initials
                                                        ILLINOIS REGISTER                                                                   3238
                                                                                                                                           12
                                                     SECRETARY OF STATE

                                        NOTICE OF ADOPTED AMENDMENTS

This application is subject to review by the Illinois State Library Circulation Staff. Applicant will be contacted for further information if necessary.



          (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)
                                      ILLINOIS REGISTER                                                        3239
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                                    SECRETARY OF STATE

                           NOTICE OF ADOPTED AMENDMENTS

Section 3010.EXHIBIT D Illinois State Library Card Application Form: Regular Card

                                      ILLINOIS STATE LIBRARY
                                             CIRCULATION
                                            300 S. SECOND ST.
                                        SPRINGFIELD IL 62701-1796
                 ILLINOIS STATE LIBRARY CARD APPLICATION FORM − REGULAR CARD

 DATE                          NAME
                                                 (last)                            (first)                      (m.i.)

 AGENCY INFORMATION                                       HOME ADDRESS INFORMATION

 AGENCY                                                   STREET

 DIV.                                                     CITY

 ROOM #                                                   STATE

 STREET                                                   ZIP

 CITY                                                     PHONE

 ZIP                                                      PLEASE CHECK TYPE OF EMPLOYMENT:

 PHONE                                                           Full time

 FAX                                                             Contractual    Ending Date

 EMAIL                                                           Temporary      Ending Date
 STAFF USE ONLY: GOVERNMENT AFFILIATION                          Intermittent   Ending Date

                                                                 Other          Ending Date
 1.        GS
 2.        GV                                             STAFF USE ONLY
 3.        LS
                                                          Library Card Expiration Date:
 I HEREBY PROMISE TO ASSUME FULL RESPONSIBILITY FOR ANY LIBRARY MATERIALS BORROWED ON THIS CARD. I WILL
 RETURN THE MATERIALS ON OR BEFORE THE DATE DUE, PAY RETURN POSTAGE OR EXPRESS, AND PAY FOR ANY LOSSES OR
 DAMAGES. ALL PATRON RECORDS ARE KEPT STRICTLY CONFIDENTIAL.




                                                                                  Check this box in lieu of signature to
 SIGNATURE                                                                        submit application electronically


 STAFF USE ONLY

 Barcode                                                                                     Staff Initials
                                                       ILLINOIS REGISTER                                                                   3240
                                                                                                                                          12
                                                    SECRETARY OF STATE

                                       NOTICE OF ADOPTED AMENDMENTS

This application is subject to review by the Illinois State Library Circulation Staff. Applicant will be contacted for further information if necessary.



         (Source: Amended at 36 Ill. Reg. 3217, effective February 16, 2012)
                                       ILLINOIS REGISTER                                        3241
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                                     SECRETARY OF STATE

                            NOTICE OF ADOPTED AMENDMENTS

Section 3010.EXHIBIT E ILLINET Interlibrary Loan Code

PREFACE TO THE ILLINET INTERLIBRARY LOAN CODE

As partners in the Illinois Library and Information Network (ILLINET), more than 5,000 multi-
type (academic, public, school and special) member libraries contribute to the ongoing
enrichment of the State's library resources. Dating from 1975, ILLINET relies on resource
sharing to fill the information, recreation and research needs of library users. Individual libraries
challenged to meet the requests of their users can do so through statewide cooperative collection
management agreements and with a high level of local commitment to interlibrary loan (ILL).

The leadership and collegiality of the Illinois State Library, the 10 regional library systems and
the member libraries ensure the future of resource sharing in Illinois. Through automation and
document delivery, the Illinois library community is assured of continued, even increased, access
to information throughout the 21st Century.

Note: The first Illinois Interlibrary Loan Code was written in 1971. It was revised in 1988, 1993,
and 2000. The current revision was completed in 2008.

ILLINET INTERLIBRARY LOAN CODE

This code, approved by the Illinois State Library Advisory Committee, endorsed by the Illinois
Library Systems, adopted by the Illinois State Library, and effective March 12, 2008, governs
interlibrary lending policy within ILLINET. Based on the most current American Library
Association National Interlibrary Loan Code, this code promotes efficient resource sharing
among ILLINET libraries.

I. DEFINITION

Interlibrary loan is the process by which a library requests material from, or supplies material to,
another library. The purpose of interlibrary loan is to obtain, upon request of a library user,
material not available in the user's local library. The terms "requesting library" and "supplying
library" are used in preference to "borrowing" and "lending" to cover the exchange of copies as
well as loans. Circulation of materials between a central library and its branches is not
considered interlibrary loan. Reciprocal borrowing is not within the scope of this document.

II. SCOPE
                                      ILLINOIS REGISTER                                         3242
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                           NOTICE OF ADOPTED AMENDMENTS

1.   The prerogative of each ILLINET library is to enter into mutually beneficial cooperative
     agreements in order to meet the needs of its primary clientele. These agreements are outside
     the scope of this code. In the absence of pre-arranged agreements between and among
     specific libraries, this code governs interlibrary loan among ILLINET libraries.

2.   Any type of library material needed by an individual for any purpose, including but not
     limited to study, instruction, information, recreation, or research, may be requested from
     another library.

3.   Any materials, regardless of format, may be requested from another library. The supplying
     library determines whether the material can be provided.

III. ETHICS AND RESPONSIBILITIES OF ILLINET LIBRARIES

1.   Each library will develop collections in response to local needs. Interlibrary loan is an
     adjunct to, not a substitute for, collection development in individual libraries.

2.   To expedite State and nationwide resource sharing initiatives, every ILLINET library
     should strive to enter and maintain its collection and holdings in a regional, statewide,
     and/or national electronic database.

3.   Each library will offer and promote the availability of interlibrary loan service to its users.

4.   Personnel responsible for interlibrary loan in each library must be familiar with relevant
     interlibrary loan documents and aids, including interlibrary loan codes and procedures,
     bibliographic tools, and services.

5.   Libraries will comply with current copyright law (17 USC) governing both print and digital
     resources.

6.   Interlibrary loan is a mutual relationship and libraries are strongly encouraged to supply
     materials as freely as they request materials.

7.   Each library will ensure the confidentiality of the user.

8.   Each library will be responsible for maintaining a current online lending policy for
     interlibrary loan. The policy should include any schedule of fees/charges, restrictions,
     preferred methods of delivery and special instructions.
                                       ILLINOIS REGISTER                                        3243
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                                     SECRETARY OF STATE

                            NOTICE OF ADOPTED AMENDMENTS

9.   Each library will make its borrowing policy available for its users.

10. Each library will clearly identify its materials with a current ownership mark.

11. Each library will collect and annually submit its interlibrary loan statistics to the Illinois
    State Library.

12. Each library will annually review and update its Every Library in ILLINET (ELI) record.

IV. RIGHTS & RESPONSIBILITIES OF REQUESTING LIBRARY

1.   The requesting library is responsible for compliance with copyright law (17 USC) and its
     accompanying guidelines, and will inform its users of the applicable portions of the law. An
     indication of copyright compliance shall be provided with all requests for photocopies.

2.   The requesting library is responsible for identifying libraries that own the requested
     material. The requesting library is responsible for checking the policies of potential suppliers
     for restrictions, special instructions and information on fees prior to sending a request.

3.   The requesting library should avoid sending the majority of its requests to a few libraries.
     However, each library has the right to determine the best source for the requested material.

4.   Requested items will be cited completely and accurately. The requesting library should
     transmit all interlibrary loan requests in standard bibliographic format in accordance with the
     protocols of the electronic network or transmission system used. In the absence of an
     electronically generated form, the elements of the American Library Association Interlibrary
     Loan Request Form should be used.

5.   When items cannot be verified and/or located, "cannot verify" or "cannot locate" will be
     indicated on the request. The source of reference should also be indicated on the request.

6.   The requesting library must honor the supplying library's conditions of loan, including
     observation of dates and duration of loans, recall notices, fees (if applicable), and in-library
     use only and other special handling provisions. The requesting library will convey these
     conditions to library users.

7.   The requesting library will package material to prevent damage in shipping. The requesting
     library must comply with packaging instructions as required by the supplying library.
                                       ILLINOIS REGISTER                                        3244
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                                     SECRETARY OF STATE

                            NOTICE OF ADOPTED AMENDMENTS

8.   The requesting library is responsible for borrowed materials from the time they leave the
     supplying library until they have been received back at the supplying library. If damage or
     loss occurs, the requesting library is responsible for compensation or replacement, in
     accordance with the preference of the supplying library.

9.   The requesting library is responsible for all fees authorized by VII (Fees) imposed by the
     supplying library. The requesting library is responsible for timely processing of payments
     related to the interlibrary loan transaction.

10. Some libraries permit users to initiate online interlibrary loan requests that are sent directly
    to potential supplying libraries. The user's home library assumes full responsibility for these
    user-initiated transactions.

11. Libraries that initiate interlibrary transactions for reciprocal borrowers assume responsibility
    for that transaction.

V. RIGHTS & RESPONSIBILITIES OF SUPPLYING LIBRARY

1.   Libraries are strongly encouraged to implement generous interlibrary loan lending policies
     with due consideration for the needs of their primary clientele.

2.   The supplying library will search, locate, send, reply to, refer or cancel all ILL requests
     within a maximum of three working days after receipt.

3.   The supplying library may return a request unfilled when bibliographic data and location are
     incomplete.

4.   The supplying library will send a copy of the request or sufficient information to identify the
     request, along with any materials provided.

5.   The supplying library will notify the requesting library of dates and duration of loans for the
     materials, renewal policies, in-library use only, and special handling and other packaging
     instructions.

6.   The supplying library has the right to recall its material at any time.

7.   The supplying library will send any bills to the requesting library within one year after the
     due date of the item.
                                      ILLINOIS REGISTER                                       3245
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                                    SECRETARY OF STATE

                           NOTICE OF ADOPTED AMENDMENTS

VI. RUSH AND URGENT REQUESTS

1.   "Rush" service requests are those in which the requesting library designates the request to be
     Rush and requires the item to be processed and sent within 24-hours or one working day.

2.   "Urgent" service requests are those in which the requesting library designates the request to
     be Urgent and requires the item to be processed and received in less than 24 hours.

3.   Requesting libraries that need Rush or Urgent service requests will contact the supplying
     library directly to negotiate conditions and fees.

4.   An ILLINET library may, by policy or on a case-by-case basis, choose not to offer Rush or
     Urgent service.

VII. FEES

1. ILLINET libraries may not assess fees for the loan of returnables to other ILLINET libraries,
   except as noted under the provision for Rush or Urgent service requests in Section VI.

2. ILLINET libraries are encouraged to absorb the cost of providing photocopies; however,
   some ILLINET libraries may be required to assess fees for photocopies.

3. If a library chooses not to use Intra-System Delivery or Illinois Library Delivery Service
   (ILDS), the library must negotiate special shipping conditions with the requesting/supplying
   library prior to shipment of the item.

4. Libraries that assess service fees for Rush or Urgent delivery will make their policies
   available on request.

5. Libraries will not assess overdue fines to other libraries.

VIII. VIOLATION OF THE CODE

1. Should a violation occur, the following procedures should be followed:

     a. The requesting/supplying library is responsible for informing the requesting/supplying
        library of any failure to observe the provisions of this code.
                                     ILLINOIS REGISTER                                      3246
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                                   SECRETARY OF STATE

                          NOTICE OF ADOPTED AMENDMENTS

    b. A library may suspend service to any library that disregards its policies. This action
       requires written notification to the suspended library specifying the terms and duration
       of the suspension. A copy of all documentation should be sent to the regional library
       systems.

    c. The requesting/supplying library is also responsible for reviewing ongoing
       circumstances and for reinstatement of borrowing privileges. These should be done on a 
       timely basis. The requesting/supplying library should provide written notification of this
       action to the suspended library and the regional library systems.

2. Should violations continue, the following procedures should be followed:

    a. Same regional library system − Should a library continue to commit requesting/
       supplying violations, the other library or libraries may request the regional library
       system serve as negotiator. The request must be written and a copy should go to the
       library allegedly committing the violations and to the regional library system.

    b. Two regional library systems − Should the libraries be in two different regional library
       systems, those systems should work together as negotiators to resolve the problem. The
       requesting/supplying library should write a request for negotiation with copies sent to
       the library allegedly committing the violations and to both regional library systems.

3. Continued disregard of the provisions of this code, despite negotiation efforts, will be
   sufficient reason for suspension of borrowing privileges within ILLINET and may result in
   the suspension of all ILLINET privileges.

4. The following steps are necessary in order to suspend a library's ILLINET privileges:

    a. The initiating library should provide a written complaint of the continued code
       violations. The complaint should be directed to the regional library system for
       documentation of notification (see VIII.1) and negotiation (see VIII.2) efforts.

    b. If a second regional library system has been involved in the negotiations, the complaint
       should be directed to it for documentation of negotiation (see VIII.2).

    c. The regional library systems should document the effectiveness of any negotiations.
       They will also make a recommendation supporting or disputing the initiating library's
       request for suspension of ILLINET privileges.
                                    ILLINOIS REGISTER                                     3247
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                                  SECRETARY OF STATE

                          NOTICE OF ADOPTED AMENDMENTS

5. The complete report should be sent by the initiating library's regional library system to all
   parties involved, as well as to the Illinois State Library. The Illinois State Library, in
   consultation with the regional library systems, will act on the recommendations in the
   complaint and decide on the appropriate action in accordance with the Illinois Administrative
   Code (23 Ill. Adm. Code 3030.122 and 3030.115).

       (Source: Added at 36 Ill. Reg. 3217, effective February 16, 2012)
                                    ILLINOIS REGISTER                                      3248
                                                                                          12
                                  SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS

1)    Heading of the Part: Illinois State Library, Government Documents Section

2)    Code Citation: 23 Ill. Adm. Code 3020

3)    Section Numbers:              Proposed Action:
      3020.100                      Amend
      3020.110                      Amend
      3020.120                      Amend
      3020.200                      Amend
      3020.210                      Amend
      3020.220                      Amend
      3020.230                      Repeal
      3020.240                      Amend

4)    Statutory Authority: Implementing Section 21 and authorized by Section 2 of the State
      Library Act [15 ILCS 320/2 and 21]

5)    Effective Date of Amendments: February 16, 2012

6)    Does this rulemaking contain an automatic repeal date? No

7)    Does this rulemaking contain incorporations by reference? No

8)    A copy of the adopted amendments, including any material incorporated by reference, is
      on file and available at the Illinois State Library, Gwendolyn Brooks Building, 300 South
      Second Street, Springfield IL 62701-1796.

9)    Notice of Proposal Published in the Illinois Register: November 18, 2011; 35 Ill. Reg.
      19127

10)   Has JCAR issued a Statement of Objection to these amendments? No

11)   Difference between proposal and final version: In Section 3020.200 (a), the date for
      determining that depository libraries will continue in their current status was changed
      from December 31, 2011 to March 1, 2012.

12)   Have all changes agreed upon by the agency and JCAR been made as indicated in the
      agreement letter from JCAR? Yes
                                      ILLINOIS REGISTER                                        3249
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                                    SECRETARY OF STATE

                           NOTICE OF ADOPTED AMENDMENTS

13)    Will this rulemaking replace any emergency rulemaking currently in effect? No

14)    Are there any other amendments pending on this Part? No

15)    A Complete Description of the Subjects and Issues Involved: The amendments in this
       rulemaking reflect the Illinois State Library's initiative to transition the state government
       depository program to an electronic-based system. A limited amount of hardcopy
       versions of publications created by state agencies will have to be submitted to the Illinois
       State Library for distribution to depository libraries.

16)    Information and questions regarding these adopted amendments shall be directed to:

              Joseph Natale
              Rules Coordinator
              Illinois State Library
              Gwendolyn Brooks Building
              Springfield, IL 62701-1796

              217/558-4185
              jnatale@ilsos.net

The full text of the Adopted Amendments begins on the next page:
                                    ILLINOIS REGISTER                                   3250
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                                  SECRETARY OF STATE

                          NOTICE OF ADOPTED AMENDMENTS

                 TITLE 23: EDUCATION AND CULTURAL RESOURCES
                        SUBTITLE B: CULTURAL RESOURCES
                         CHAPTER I: SECRETARY OF STATE

                                   PART 3020
           ILLINOIS STATE LIBRARY, GOVERNMENT DOCUMENTS SECTION

                       SUBPART A: DEPOSIT OF PUBLICATIONS

Section
3020.100      Definitions
3020.110      State Agency Publications
3020.120      State University Publications and Presses
3020.130      Delivery Cost and Responsibility
3020.140      Excess Copies (Repealed)
3020.150      Administrator of State Agency
3020.160      Lists of Published Materials

                         SUBPART B: DEPOSITORY LIBRARIES

Section
3020.200      Designation of Depositories
3020.210      Retention and Disposal of Publications
3020.220      Citizen Access to Publications
3020.230      Inspection of Depositories (Repealed)
3020.240      Termination of Depository Status

AUTHORITY: Implementing Section 21 and authorized by Section 2 of the State Library Act
[15 ILCS 320/2 and 21].

SOURCE: Filed effective December 21, 1967; rules repealed, new rules adopted and codified at
8 Ill. Reg. 319, effective December 27, 1983; amended at 10 Ill. Reg. 4555, effective July 1,
1986; amended at 27 Ill. Reg. 219, effective January 1, 2003; amended at 33 Ill. Reg. 4169,
effective February 27, 2009; amended at 34 Ill. Reg. 19115, effective November 22, 2010;
amended at 36 Ill. Reg. 3248, effective February 16, 2012.

                       SUBPART A: DEPOSIT OF PUBLICATIONS

Section 3020.100 Definitions
                                      ILLINOIS REGISTER                                       3251
                                                                                             12
                                    SECRETARY OF STATE

                           NOTICE OF ADOPTED AMENDMENTS


The following definitions apply to this Part:

               "Access" means the allowance or liberty to make use of publications deposited in
               a depository or exchange library.

               "Core list" means State agency publications that the Government Documents
               Section has designated as required in a tangible format.

               "Depositories" means those libraries and/or resource centers that have Illinois
               publications deposited in their collections for citizen availability by agreement
               with the Secretary of State.

               "Electronic depository" means the depository that provides permanent public
               access to publications of the State of Illinois in an electronic format.

               "Ephemeral material" means any material that is of a short duration, for example,
               an announcement of a conference or seminar, applications and forms.

               "Exchange libraries" means those libraries with which the Secretary of State has
               an agreement whereby each library exchanges publications.

               "ILLINET" means the Illinois Library and Information Network.

               "Metadata" means structured information that describes content, origin, format
               and other key characteristics of data for the purpose of information management.

               "Metadata generator" means the Web-based resource used by State agencies to
               submit URLs, metadata and electronic versions of published materials to the
               Illinois State Library.

               "Microforms" means any medium bearing microimages, such as microfiche or
               microfilm.

               "Publications" means all formats of media, including microforms, recordings, and
               other printed material paid for in whole or in part by funds appropriated by the
               General Assembly or issued at the request of a State agency, excepting however,
               correspondence, interoffice memoranda, and confidential publications.
               Publications to be deposited with the Illinois State Library and the electronic
                                    ILLINOIS REGISTER                                       3252
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                                  SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS

             depository include, but are not limited to, the following:

                  Annual Reports
                  Bulletins/Circulars
                  Handbooks/Manuals
                  Laws/Rules/Decisions
                  Maps/Charts
                  Newsletters
                  Pamphlets/Brochures/Fact Sheets
                  Press Releases Issued by Constitutional Officers
                  Technical/Research/Statistical Reports

             "Published material" means publications in print and electronic formats
             duplicated by any means of duplication, including material downloaded from a
             publicly accessible electronic network.

             "Recordings" means anything, other than printing on paper, on which sound or
             visual images have been recorded, including cassettes, records, slides, films or
             electronic storage media.

             "Secure transfer protocol" means the method for transfer of the deposited
             electronic files shall be as resistant as possible to corruption or outside
             interference to maintain the integrity of the file content.

             "State agencies " means every State office, officer, department, division, section,
             unit, service, bureau, board, commission, committee, and subdivision thereof of
             all branches of the State government and which agencies expend appropriations of
             State funds, regardless of the amount. This includes state universities.

             "Superseded material" means any publication cumulated in later issues, issued in
             later revised editions, or separates, replaced by final bound volumes.

             "URL" or "Uniform Resource Locator" means the address for a resource or site
             (usually a directory or file) on the World Wide Web and the convention that Web
             browsers use for locating files and other remote services.

      (Source: Amended at 36 Ill. Reg. 3248, effective February 16, 2012)

Section 3020.110 State Agency Publications
                              ILLINOIS REGISTER                                      3253
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                          SECRETARY OF STATE

                 NOTICE OF ADOPTED AMENDMENTS


a)   Within one1 week after an agency receives copies of publications it intends to
     issue, the agency shall send 235 copies of all publications, priced and non-priced,
     to the Government Documents Section, Illinois State Library. The agency shall
     send 26 copies of publications on the core list. TheAlong with the publications,
     the issuing agency shall include information containing the address of the agency
     and, if applicable, the price of each item so that it may appear on the list of State
     of Illinois publications issued by the State Library.

     1)     In addition to the 35 copies submitted to the Illinois State Library, the
            agency shall submit to the Illinois State Library an electronic copy of the
            publication via the Illinois State Library's metadata generator using a
            secure transfer protocol.

     2)     Submissions in the metadata generator will be deposited in the electronic
            depository.

     3)     When a State agency has very few copies of a publication printed, the
            Illinois State Library may accept three copies of a publication in print
            instead of the 35 copies if an electronic version has been deposited.

     34)    Electronic deposit is required for copyrighted and priced publications.
            Internet availability of copyrighted and priced publications will be
            determined by the depositing State agency.

b)   The issuing agency shall notify the Illinois State Library of allan electronic-only
     publicationspublication by submitting the publication and metadata describing the
     publication to the electronic depository via the Illinois State Library's metadata
     generator.

c)   One electronic copy shall be provided to the Illinois State Library of all published
     materials as defined in this Part in a format acceptable to the Illinois State
     Library, including, but not limited to, the following:

     1)     Microsoft Office file

     2)     Plain text file

     3)     Adobe Acrobat
                                   ILLINOIS REGISTER                                       3254
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                                 SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS


             4)     Video (mpeg) or sound (wav)

             5)     Image files (JPEG, TIFF)

             6)     Formats in compliance with the Illinois Information Technology
                    Accessibility Act Standards (see http://www.dhs.state.il.us/IITAA/
                    IITAAStandards.html)

      d)     In formats where applicable (such as HTML), electronic-only publications shall
             include metadata embedded in the file posted on a publicly accessible network as
             submitted to the electronic depository via the Illinois State Library's metadata
             generator.

      (Source: Amended at 36 Ill. Reg. 3248, effective February 16, 2012)

Section 3020.120 State University Publications and Presses

      a)     Within one week after a State university receives publications it intends to issue,
             the university shall deposit twothree copies of all priced and non-priced university
             publications, and two copies of all publications published by the university
             presses, with the Government Documents Section. The address of the issuing
             State university and the price of the publications shall accompany the materials.

             1)     In addition to twothree copies of university publications or two copies of
                    university press publications submitted to the Illinois State Library, the
                    State university shall submit to the Illinois State Library an electronic
                    copy of the publication via the Illinois State Library's metadata generator
                    using a secure transfer protocol.

             2)     Submissions in the metadata generator will be deposited in the electronic
                    depository.

             3)     Electronic deposit is required for copyrighted and priced publications.
                    Internet availability of the publication will be determined by the
                    depositing State university.

      b)     The issuing agency shall notify the Illinois State Library of an electronic-only
             publication by submitting the publication and metadata describing the publication
                                    ILLINOIS REGISTER                                         3255
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                                  SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS

             to the electronic depository via the Illinois State Library's metadata generator.

      c)     One electronic copy shall be provided to the Illinois State Library of all published
             materials as defined in this Part in a format acceptable to the Illinois State Library
             as indicated in Section 3020.110(c) of this Part.

      d)     In formats where applicable, electronic-only publications shall include metadata
             embedded in the file posted on a publicly accessible network as submitted via the
             Illinois State Library's metadata generator.

      (Source: Amended at 36 Ill. Reg. 3248, effective February 16, 2012)

                         SUBPART B: DEPOSITORY LIBRARIES

Section 3020.200 Designation of Depositories

      a)     All libraries serving as depositories or exchange libraries as of March 1,
             2012December 27, 1983 shall continue in that status, unless that status is
             terminated according to the provisions of Section 3020.240. The Director of the
             Illinois State Library shall designate which institutions shall replace depositories
             or exchange libraries for Illinois publications.

      b)     Designation of depositories shall be based on the institution's ability to provide
             access to the material to the public, the institution's interest in the publications of
             the State of Illinois, and the institution's geographic location. The Director shall
             give priority to libraries in the same library system as the terminating depository.
             If no qualified library in the same geographic area, as established by the library
             system, desires depository status, the priority will be given to a qualified library in
             the same geographical area as the terminating depository.

      c)     Priority for the replacement of an exchange library shall be given to a state
             library, based on that state's similarity to Illinois in terms of industry and
             demographic factors, and the library's interest in Illinois publications. If no
             qualified state library desires exchange status, the priority will be given to an
             institution expressing an interest in Illinois publications.

      (Source: Amended at 36 Ill. Reg. 3248, effective February 16, 2012)

Section 3020.210 Retention and Disposal of Publications
                                     ILLINOIS REGISTER                                         3256
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                                  SECRETARY OF STATE

                         NOTICE OF ADOPTED AMENDMENTS


      a)     The Illinois State Library shall keep all depository materials indefinitely, except
             for ephemeral materials. The Illinois State Library shall retain one copy of
             superseded material. The Illinois State Library shall retain ownership of Illinois
             publications deposited in its depository and exchange libraries.

      b)     Each depository must keep all publications for five years except for ephemeral
             and superseded materials received for five years. At the end of that time, a
             depository may send a list of unneeded publications onto the Government
             Documents ListManager, Illinois State Library, Gwendolyn Brooks Building, 300
             South Second, Springfield IL 62701-1796, who will circulate the list to other
             depository libraries for their selection. If other libraries request any publications
             on the list, the discarding library will forward the publications to them, by the
             least expensive method, at the selecting library's expense. Publications not
             selected by other depositories may be disposed of or destroyed.

      c)     A depository may discard a publication that is published in a tangible format and
             deposited in the electronic depository if it retains the tangible format for the
             current and previous year.

      d)     A depository is permitted to replace tangible versions with electronic equivalents
             of publications provided the electronic version is complete and permanently
             accessible. The Illinois State Library will provide a list on its website of titles that
             meet these requirements.

      (Source: Amended at 36 Ill. Reg. 3248, effective February 16, 2012)

Section 3020.220 Citizen Access to Publications

       a)    The depository library must make reference service available not only to the
             library's primary users but to all Illinois citizens. Cataloging of the publications,
             except for ephemera, is required in order to make State publications easily
             accessible and retrievable.

       b)    Depository libraries shall permit all Illinois citizens access to the depository
             publications in their collection. Access is "adequate" if it meets the following
             standards: Non-circulating material and circulating material that is not currently
             charged to a patron will be made available within 48 hours after a citizen request;
             circulating material that is currently charged to a patron will be made available to
                                     ILLINOIS REGISTER                                         3257
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                                   SECRETARY OF STATE

                          NOTICE OF ADOPTED AMENDMENTS

             fill a citizen request within 24 hours after its return to the depository library.

       c)    The Illinois State Library shall work with issuing State agencies to make
             published materials available to the public, by means of access, by way of the
             largest nonproprietary nonprofit cooperative public computer network [15 ILCS
             320/7].

      (Source: Repealed at 36 Ill. Reg. 3248, effective February 16, 2012)

Section 3020.230 Inspection of Depositories (Repealed)

      a)     The Director of the Illinois State Library, or a designated representative, shall
             visit and inspect the depositories every five years to assure the State Library that
             the depository is providing public access to and adequate maintenance of the
             publications. Maintenance is adequate if it is does not contribute to the physical
             deterioration of the deposited material.

      b)     The Director of the Illinois State Library shall also receive, in conjunction with
             the inspections, written reports from the depository libraries containing the
             program of administration for access and maintenance of the publications. The
             written report shall include information concerning library personnel, depository
             publication statistics, circulating rules, cataloging and processing procedures, and
             equipment and storage facilities.

      (Source: Repealed at 36 Ill. Reg. 3248, effective February 16, 2012)

Section 3020.240 Termination of Depository Status

       a)    A depository has the right to terminate its status as a depository by a letter from
             the depository’s governing authority to the Director of the Illinois State Library.
             The Director may terminate the status of a library as a depository if the
             requirements of Section 3020.210 and 3020.220-3020.230 are not met. At
             termination, the library will request instructions from the State Library about the
             disposition of the depository publications on hand.

       b)    If a depository library wishes to challenge the termination of its depository status,
             the depository must request a hearing within one month after termination notice
             from the State Library. The members of the hearing committee will be the
             Director of the State Library, the Government Documents Coordinator, the
                             ILLINOIS REGISTER                                    3258
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                           SECRETARY OF STATE

                  NOTICE OF ADOPTED AMENDMENTS

       Director of the library system to which the depository library belongs, and two
       representativesa representative from two separate depositoriesa depository in a
       non-adjacent library system, who havehas been mutually agreed upon by the
       Director of the Illinois State Library and the depository library challenging
       termination. The majority decision of this committee concerning the termination
       of the depository library will be final.

(Source: Amended at 36 Ill. Reg. 3248, effective February 16, 2012)
                                   ILLINOIS REGISTER                                       3259
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                              OFFICE OF THE TREASURER

                           NOTICE OF ADOPTED REPEALER

1)   Heading of the Part: Access to Information

2)   Code Citation: 2 Ill. Adm. Code 651

3)   Section Numbers:                      Adopted Action:
     651.101                               Repealed
     651.103                               Repealed
     651.201                               Repealed
     651.202                               Repealed
     651.301                               Repealed
     651.302                               Repealed
     651.401                               Repealed
     651.402                               Repealed
     651.501                               Repealed
     651.502                               Repealed
     651.503                               Repealed
     651.APPENDIX A                        Repealed
     651.APPENDIX B                        Repealed
     651.APPENDIX C                        Repealed
     651.APPENDIX D                        Repealed
     651.APPENDIX E                        Repealed
     651.APPENDIX F                        Repealed
     651.APPENDIX G                        Repealed

4)   Statutory Authority: The Freedom of Information Act [5 ILCS 140/3(h)] and 5-15 of the
     Illinois Administrative Procedure Act [5 ILCS 100/5-15]

5)   Effective Date of Rulemaking: February 15, 2012

6)   Does this rulemaking contain an automatic repeal date? No

7)   Does this rulemaking contain incorporations by reference? The rulemaking does not
     include incorporation by reference pursuant to Section 5-75 of the Illinois Administrative
     Procedure Act.

8)   A copy of the adopted repealer, including material incorporated by reference, is on file at
     One West Old State Capitol Plaza, Suite 400, Springfield, Illinois and is available for
     public inspection.
                                     ILLINOIS REGISTER                                       3260
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                               OFFICE OF THE TREASURER

                            NOTICE OF ADOPTED REPEALER

9)    Notice of Proposal Published in Illinois Register: Prior publication of internal rule in the
      Illinois Register is not required pursuant to Section 5-15 of the Illinois Administrative
      Procedure Act (IAPA).

10)   Has JCAR issued a Statement of Objection to this rulemaking? Because this rulemaking
      is not subject to Section 5-35 of the IAPA, it is not subject to First or Second Notice
      review by the Joint Committee on Administrative Rules (JCAR).

11)   Differences between proposal and final version: Because this rulemaking is not subject
      to Section 5-35 of the IAPA, it is not subject to First Notice or Second Notice review by
      JCAR.

12)   Have all the changes agreed upon by the agency and JCAR been made as indicated in the
      agreements issued by JCAR? Because this rulemaking is not subject to Section 5-35 of
      the IAPA, it is not subject to First Notice or Second Notice review by JCAR.

13)   Will this rulemaking replace any emergency rulemaking currently in effect? No

14)   Are there any amendments pending on this Part? No

15)   Summary and Purpose of Rulemaking: This rulemaking is being replaced by a new rule
      that implements changes to the Freedom of Information Act in accordance with Public
      Act 96-542.

16)   Information and questions regarding these adopted repealers shall be directed to:

             Bradley A. Rightnowar
             Assistant General Counsel
             One West Old State Capitol Plaza
             Suite 400
             Springfield, Illinois 62701

             217/785-6998
             217/557-9365 [facsimile]
                                   ILLINOIS REGISTER                                         3261
                                                                                            12
                              OFFICE OF THE TREASURER

                             NOTICE OF ADOPTED RULES

1)   Heading of the Part: Access to Records of the Office of the Illinois State Treasurer

2)   Code Citation: 2 Ill. Adm. Code 651

3)   Section Numbers:              Adopted Action:
     651.110                       New
     651.120                       New
     651.210                       New
     651.220                       New
     651.230                       New
     651.310                       New
     651.320                       New
     651.330                       New
     651.410                       New
     651.420                       New
     651.430                       New
     651.440                       New
     651.450                       New
     651.460                       New
     651.470                       New
     651.510                       New
     651.520                       New
     651.530                       New
     651.APPENDIX A                New

4)   Statutory Authority: 5 ILCS 140/3(h) and 5 ILCS 100/5-15

5)   Effective Date of Rulemaking: February 15, 2012

6)   Does this rulemaking contain an automatic repeal date? No

7)   Does this rulemaking contain incorporations by reference? No

8)   A copy of the adopted rules, including material incorporated by reference, is on file at
     One West Old State Capitol Plaza, Suite 400, Springfield, Illinois and is available for
     public inspection.
                                      ILLINOIS REGISTER                                       3262
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                                OFFICE OF THE TREASURER

                                NOTICE OF ADOPTED RULES

9)     Notice of Proposal Published in Illinois Register: Prior publication of an internal rule in
       the Illinois Register is not required pursuant to Section 5-15 of the Illinois Administrative
       Procedure Act.

10)    Has JCAR issued a Statement of Objection to this rulemaking? Because this rulemaking
       is not subject to Section 5-35 of the IAPA, it is not subject to First or Second Notice
       review by the Joint Committee on Administrative Rules (JCAR).

11)    Differences between proposal and final version: Because this rulemaking is not subject
       to Section 5-35 of the IAPA, it is not subject to First or Second Notice review by JCAR.

12)    Have all the changes agreed upon by the agency and JCAR been made as indicated in the
       agreements issued by JCAR? Because this rulemaking is not subject to Section 5-35 of
       the IAPA, it is not subject to First or Second Notice review by JCAR.

13)    Will this rulemaking replace any emergency rulemaking currently in effect? No

14)    Are there any amendments pending on this Part? No

15)    Summary and Purpose of Rulemaking: The adopted rule aligns with the legislative
       changes made to the Freedom of Information Act in accordance with Public Act 96-542.

16)    Information and questions regarding these adopted rules shall be directed to:

              Bradley A. Rightnowar
              Assistant General Counsel
              Office of Illinois State Treasurer Dan Rutherford
              One West Old State Capitol Plaza
              Suite 400
              Springfield, Illinois 62701

              217/785-6998
              217/557-9365 [facsimile]

The full text of the Adopted Rules begins on the next page:
                                ILLINOIS REGISTER                                    3263
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                           OFFICE OF THE TREASURER

                           NOTICE OF ADOPTED RULES

                  TITLE 2: GOVERNMENTAL ORGANIZATIONS
                   SUBTITLE C: CONSTITUTIONAL OFFICERS
                      CHAPTER VII: STATE TREASURER

                               PART 651
    ACCESS TO RECORDS OF THE OFFICE OF THE ILLINOIS STATE TREASURER

                           SUBPART A: INTRODUCTION

Section
651.110    Summary and Purpose
651.120    Definitions

                  SUBPART B: CLASSIFICATION OF RECORDS

Section
651.210    Records that Will Be Disclosed
651.220    Records that Will Be Withheld from Disclosure
651.230    Statutory Exemptions

                 SUBPART C: PROCEDURES FOR REQUESTING
               RECORDS FROM THE OFFICE OF THE TREASURER

Section
651.310    Submittal of Requests for Records
651.320    Information To Be Provided in Requests for Records
651.330    Requests for Records for Commercial Purposes

             SUBPART D: RESPONSE TO REQUESTS FOR RECORDS

Section
651.410    Timeline for Response
651.420    Requests for Records that the Office of the Treasurer Considers Unduly
           Burdensome
651.430    Requests for Records that Require Electronic Retrieval
651.440    Denials of Requests for Records
651.450    Requests for Review of Denials − Public Access Counselor
651.460    Circuit Court Review
651.470    Administrative Review
                                      ILLINOIS REGISTER                                       3264
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                                OFFICE OF THE TREASURER

                                NOTICE OF ADOPTED RULES


      SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS

Section
651.510        Inspection of Records
651.520        Copying of Records; Fees
651.530        Reduction and Waiver of Fees

651.APPENDIX A        Fee Schedule for Duplication and Certification of Records

AUTHORITY: Implementing and authorized by Section 3(h) of the Freedom of Information Act
[5 ILCS 140] and implementing Section 17.1 of the State Treasurer Act [15 ILCS 505/17.1] and
Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

SOURCE: Adopted at 8 Ill. Reg. 13427, effective July 16, 1984; amended at 22 Ill. Reg. 15626,
effective August 24, 1988; old Part repealed at 36 Ill. Reg. 3259 and new Part adopted at 36 Ill.
Reg. 3261, effective February 15, 2012.

                               SUBPART A: INTRODUCTION

Section 651.110 Summary and Purpose

       a)      This Part states the policy of Office of the Illinois State Treasurer (Office of the
               Treasurer) for making its records available for reasonable public inspection while,
               at the same time, protecting legitimate interests in confidentiality.

       b)      This Part:

               1)     Establishes the following classifications for records in the Office of the
                      Treasurer's possession:

                      A)      Records that shall be disclosed; and

                      B)      Records that shall be withheld from disclosure.

               2)     Contains the procedures by which requesters may obtain records in the
                      Office of the Treasurer's possession; and
                                     ILLINOIS REGISTER                                       3265
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                               OFFICE OF THE TREASURER

                               NOTICE OF ADOPTED RULES

              3)     Contains the procedures for claiming and determining that records
                     submitted to the Office of the Treasurer are exempt from disclosure.

Section 651.120 Definitions

Terms not defined in this Section shall have the same meaning as in the Freedom of Information
Act [5 ILCS 140]. The following definitions are applicable for purposes of this Part:

              "Act" means State Treasurer Act [15 ILCS 505].

              "Commercial purpose" means the use of any part of a record or records, or
              information derived from records, in any form for sale, resale, or solicitation or
              advertisement for sales or services. For purposes of this definition, requests
              made by news media and non-profit, scientific, or academic organizations shall
              not be considered to be made for a "commercial purpose" when the principal
              purpose of the request is:

                     to access and disseminate information concerning news and current or
                     passing events;

                     for articles of opinion or features of interest to the public; or

                     for the purpose of academic, scientific, or public research or education.
                     (Section 2(c-10) of FOIA)

              "Copying" means the reproduction of any record by means of any photographic,
              electronic, mechanical, or other process, device or means now known or hereafter
              developed and available to the Office of the Treasurer. (Section 2(d) of FOIA)

              "FOIA" means the Freedom of Information Act [5 ILCS 140].

              "Freedom of Information Officer" or "FOI Officer" means an individual or
              individuals responsible for receiving and responding to requests for public
              records.

              "News media" means a newspaper or other periodical issued at regular intervals,
              news service in paper or electronic form, radio station, television station,
              television network, community antenna television service, or person or
                       ILLINOIS REGISTER                                         3266
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                 OFFICE OF THE TREASURER

                 NOTICE OF ADOPTED RULES

corporation engaged in making news reels or other motion picture news for
public showing. (Section 2(f) of FOIA)

"Office of the Treasurer" means the Office of the Illinois State Treasurer as
established by the Act.

"Person" means any individual, corporation, partnership, firm, organization or
association, acting individually or as a group. (Section 2(b) of FOIA)

"Private information" means unique identifiers, including a person's Social
Security number, driver's license number, employee identification number,
biometric identifiers, personal financial information, passwords or other access
codes, medical records, home or personal telephone numbers, and personal email
addresses. Private information also includes home address and personal license
plates, except as otherwise provided by law or when compiled without possibility
of attribution to any person. (Section 2(c-5) of FOIA)

"Public Access Counselor" means an individual appointed to that office by the
Attorney General under Section 7 of the Attorney General Act [15 ILCS 205].

"Public body" means all legislative, executive, administrative, or advisory bodies
of the State, State universities and colleges, counties, townships, cities, villages,
incorporated towns, school districts and all other municipal corporations,
boards, bureaus, committees or commissions of this State, any subsidiary bodies
of any of the foregoing, including but not limited to committees and
subcommittees thereof, and a School Finance Authority created under Article 1E
of the School Code [105 ILCS 5]. (Section 2(a) of FOIA)

"Records" means all records, reports, forms, writings, letters, memoranda, books,
papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data
processing records, electronic communications, recorded information and all
other documentary materials pertaining to the transaction of public business,
regardless of physical form or characteristics, having been prepared by or for, or
having been or being used by, received by, in the possession of or under the
control of the Office of the Treasurer. (Section 2(c) of FOIA)

"Requester" is any person who has submitted to the Office of the Treasurer a
written request, electronically or on paper, for records.
                                       ILLINOIS REGISTER                                       3267
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                                 OFFICE OF THE TREASURER

                                 NOTICE OF ADOPTED RULES

               "Treasurer" means the Illinois State Treasurer.

               "Unwarranted invasion of personal privacy" means the disclosure of information
               that is highly personal or objectionable to a reasonable person and in which the
               subject's right to privacy outweighs any legitimate public interest in obtaining the
               information. (Section 7(1)(c) of FOIA)

                       SUBPART B: CLASSIFICATION OF RECORDS

Section 651.210 Records that Will Be Disclosed

Upon request meeting the requirements of this Part, the Office of the Treasurer shall disclose to
the requester all records requested except that it shall not disclose certain records as provided in
Section 651.202 or 651.203. Records covered under this Section shall include, but are not
limited to:

       a)      Records of funds. All records relating to the obligation, receipt and use of public
               funds of the Office of the Treasurer are records subject to inspection and copying
               by the public. (Section 2.5 of FOIA)

       b)      Payrolls. Certified payroll records submitted to the Office of the Treasurer under
               Section 5(a)(2) of the Prevailing Wage Act [820 ILCS 130] are records subject to
               inspection and copying in accordance with the provisions of FOIA; except that
               contractors' and employees' addresses, telephone numbers, and Social Security
               numbers will be redacted by the Office of the Treasurer prior to disclosure.
               (Section 2.10 of FOIA)

       c)      Criminal history records. The following documents maintained by the Office of
               the Treasurer pertaining to criminal history record information are records
               subject to inspection and copying by the public pursuant to FOIA:

               1)      Court records that are public;

               2)      Records that are otherwise available under State or local law; and

               3)      Records in which the requesting party is the individual identified, except
                       as provided under Section 651.202(a)(5)(F) of this Part. (Section 2.15(b)
                       of FOIA)
                                     ILLINOIS REGISTER                                     3268
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                                OFFICE OF THE TREASURER

                               NOTICE OF ADOPTED RULES

       d)     Settlement agreements. All settlement agreements entered into by or on behalf of
              the Office of the Treasurer are records subject to inspection and copying by the
              public, provided that information exempt from disclosure under Section 651.202
              or 651.203 of this Part may be redacted. (Section 2.20 of FOIA)

Section 651.220 Records that Will Be Withheld from Disclosure

When a request is made to inspect or copy a record that contains information that is otherwise
exempt from disclosure under this Section, but also contains information that is not exempt from
disclosure, the Office of the Treasurer shall make the remaining information available for
inspection and copying. (Section 7(1) of FOIA)

       a)     Subject to this requirement and Section 7 of FOIA, the following shall be exempt
              from inspection and copying:

              1)      Information specifically prohibited from disclosure by federal or State law
                      or rules and regulations implementing federal or State law; (Section
                      7(1)(a) of FOIA)

              2)      Private information, unless disclosure is required by another provision of
                      FOIA, a State or federal law or a court order; (Section 7(1)(b) of FOIA)

              3)      Files, documents, and other data or databases maintained by one or more
                      law enforcement agencies and specifically designed to provide
                      information to one or more law enforcement agencies regarding the
                      physical or mental status of one or more individual subjects; (Section
                      7(1)(b-5) of FOIA)

              4)      Personal information contained within records, the disclosure of which
                      would constitute a clearly unwarranted invasion of personal privacy,
                      unless the disclosure is consented to in writing by the individual subjects
                      of the information. "Unwarranted invasion of personal privacy" means
                      the disclosure of information that is highly personal or objectionable to a
                      reasonable person and in which the subject's right to privacy outweighs
                      any legitimate public interest in obtaining the information. The disclosure
                      of information that bears on the public duties of public employees and
                      officials shall not be considered an invasion of personal privacy; (Section
                      7(1)(c) of FOIA)
                    ILLINOIS REGISTER                                        3269
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              NOTICE OF ADOPTED RULES

5)   Records in the possession of any public body created in the course of
     administrative enforcement proceedings, and any law enforcement or
     correctional agency for law enforcement purposes, but only to the extent
     that disclosure would:

     A)      Interfere with pending or actually and reasonably contemplated
             law enforcement proceedings conducted by any law enforcement
             or correctional agency that is the recipient of the request;

     B)      Interfere with active administrative enforcement proceedings
             conducted by the public body that is the recipient of the request;

     C)      Create a substantial likelihood that a person will be deprived of a
             fair trial or an impartial hearing;

     D)      Unavoidably disclose the identity of a confidential source,
             confidential information furnished only by the confidential source,
             or persons who file complaints with or provide information to
             administrative, investigative, law enforcement, or penal agencies;
             except that the Office of the Treasurer will provide traffic accident
             reports, the identities of witnesses to traffic accidents, and rescue
             reports, except when disclosure would interfere with an active
             criminal investigation;

     E)      Disclose unique or specialized investigative techniques other than
             those generally used and known, or disclose internal documents of
             correctional agencies related to detection, observation or
             investigation of incidents of crime or misconduct, and disclosure
             would result in demonstrable harm to the Office of the Treasurer;

     F)      Endanger the life or physical safety of law enforcement personnel
             or any other person; or

     G)      Obstruct an ongoing criminal investigation by the Office of the
             Treasurer; (Section 7(1)(d) of FOIA)

6)   Records that relate to or affect the security of correctional institutions and
     detention facilities; (Section 7(1)(e) of FOIA)
                    ILLINOIS REGISTER                                       3270
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              OFFICE OF THE TREASURER

              NOTICE OF ADOPTED RULES

7)   Preliminary drafts, notes, recommendations, memoranda and other
     records in which opinions are expressed, or policies or actions are
     formulated, except that a specific record or relevant portion of a record
     shall not be exempt when the record is publicly cited and identified by the
     Treasurer. The exemption provided in this subsection (a)(7) extends to all
     those records of officers and agencies of the General Assembly that
     pertain to the preparation of legislative documents; (Section 7(1)(f) of
     FOIA)

8)   Trade secrets and commercial or financial information obtained from a
     person or business where the trade secrets or commercial or financial
     information are furnished under a claim that they are proprietary,
     privileged or confidential, and that disclosure of the trade secrets or
     commercial or financial information would cause competitive harm to the
     person or business, and only insofar as the claim directly applies to the
     records requested. All trade secrets and commercial or financial
     information obtained by a public body, including a public pension fund,
     from a private equity fund or a privately held company within the
     investment portfolio of a private equity fund as a result of either investing
     or evaluating a potential investment of public funds in a private equity
     fund. The exemption contained in this subsection (a)(8) does not apply to
     the aggregate financial performance information of a private equity fund,
     nor to the identity of the fund's managers or general partners. The
     exemption contained in this subsection (a)(8) does not apply to the identity
     of a privately held company within the investment portfolio of a private
     equity fund, unless the disclosure of the identity of a privately held
     company may cause competitive harm. Nothing in this subsection (a)(8)
     shall be construed to prevent a person or business from consenting to
     disclosure; (Section 7(1)(g) of FOIA)

9)   Proposals and bids for any contract, grant, or agreement, including
     information that if it were disclosed would frustrate procurement or give
     an advantage to any person proposing to enter into a contract or
     agreement with the body, until an award or final selection is made.
     Information prepared by or for the body in preparation of a bid
     solicitation shall be exempt until an award or final selection is made;
     (Section 7(1)(h) of FOIA)
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10)   Valuable formulae, computer geographic systems, designs, drawings and
      research data obtained or produced by the Office of the Treasurer when
      disclosure could reasonably be expected to produce private gain or public
      loss. The exemption for "computer geographic systems" provided in this
      subsection (a)(10) does not extend to requests made by news media as
      defined in Section 651.102 when the requested information is not
      otherwise exempt and the only purpose of the request is to access and
      disseminate information regarding the health, safety, welfare or legal
      rights of the general public; (Section 7(1)(i) of FOIA)

11)   The following information pertaining to educational matters:

      A)      Test questions, scoring keys, and other examination data used to
              administer an academic exam;

      B)      Information received by a primary or secondary school, college, or
              university under its procedure for the evaluation of faculty
              members by their academic peers;

      C)      Information concerning a school's or university's adjudication of
              student disciplinary cases, but only to the extent that disclosure
              would unavoidably reveal the identity of the student; and

      D)      Course materials or research materials used by faculty members;
              (Section 7(1)(j) of FOIA)

12)   Architects' plans and engineers' technical submissions, and other
      construction related technical documents for projects not constructed or
      developed in whole or in part with public funds and for projects
      constructed or developed with public funds, including but not limited to
      power generating and distribution stations and other transmission and
      distribution facilities, water treatment facilities, airport facilities, sport
      stadiums, convention centers, and all government owned, operated, or
      occupied buildings, but only to the extent that disclosure would
      compromise security; (Section 7(1)(k) of FOIA)

13)   Minutes of meetings of public bodies closed to the public as provided in
      the Open Meetings Act [5 ILCS 120] until the public body makes the
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      minutes available to the public under Section 2.06 of the Open Meetings
      Act; (Section 7(1)(l) of FOIA)

14)   Communications between the Office of the Treasurer and an attorney or
      auditor representing the Office of the Treasurer that would not be subject
      to discovery in litigation, and materials prepared or compiled by or for
      the Office of the Treasurer in anticipation of a criminal, civil or
      administrative proceeding upon the request of an attorney advising the
      Office of the Treasurer, and materials prepared or compiled with respect
      to internal audits of the Office of the Treasurer; (Section 7(1)(m) of
      FOIA)

15)   Records relating to the Office of the Treasurer's adjudication of employee
      grievances or disciplinary cases; however, this exemption shall not extend
      to the final outcome of cases in which discipline is imposed; (Section
      7(1)(n) of FOIA)

16)   Administrative or technical information associated with automated data
      processing operations, including but not limited to software, operating
      protocols, computer program abstracts, file layouts, source listings, object
      modules, load modules, user guides, documentation pertaining to all
      logical and physical design of computerized systems, employee manuals,
      and any other information that, if disclosed, would jeopardize the security
      of the system or its data or the security of materials exempt under this
      Section; (Section 7(1)(o) of FOIA)

17)   Records relating to collective negotiating matters between the Office of
      the Treasurer and its employees or representatives, except that any final
      contract or agreement shall be subject to inspection and copying; (Section
      7(1)(p) of FOIA)

18)   Test questions, scoring keys, and other examination data used to
      determine the qualifications of an applicant for a license or employment;
      (Section 7(1)(q) of FOIA)

19)   The records, documents and information relating to real estate purchase
      negotiations until those negotiations have been completed or otherwise
      terminated. With regard to a parcel involved in a pending or actually and
      reasonably contemplated eminent domain proceeding under the Eminent
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      Domain Act [735 ILCS 30], records, documents and information relating
      to that parcel shall be exempt except as may be allowed under discovery
      rules adopted by the Illinois Supreme Court. The records, documents and
      information relating to a real estate sale shall be exempt only until a sale
      is consummated; (Section 7(1)(r) of FOIA)

20)   Any and all proprietary information and records related to the operation
      of an intergovernmental risk management association or self-insurance
      pool or jointly self-administered health and accident cooperative or pool.
      Insurance or self-insurance (including any intergovernmental risk
      management association or self-insurance pool) claims, loss or risk
      management information, records, data, advice or communications;
      (Section 7(1)(s) of FOIA)

21)   Information contained in or related to examination, operating, or
      condition reports prepared by, on behalf of, or for the use of a public body
      responsible for the regulation or supervision of financial institutions or
      insurance companies, unless disclosure is otherwise required by State
      law; (Section 7(1)(t) of FOIA)

22)   Information that would disclose or might lead to the disclosure of secret
      or confidential information, codes, algorithms, programs or private keys
      intended to be used to create electronic or digital signatures under the
      Electronic Commerce Security Act [5 ILCS 175]; (Section 7(1)(u) of
      FOIA)

23)   Vulnerability assessments, security measures, and response policies or
      plans that are designed to identify, prevent, or respond to potential attacks
      upon a community's population or systems, facilities, or installations, the
      destruction or contamination of which would constitute a clear and
      present danger to the health or safety of the community, but only to the
      extent that disclosure could reasonably be expected to jeopardize the
      effectiveness of the measures or the safety of the personnel who implement
      them or the public. Information exempt under this subsection (a)(23) may
      include such things as details pertaining to the mobilization or deployment
      of personnel or equipment, to the operation of communication systems or
      protocols, or to tactical operations; (Section 7(1)(v) of FOIA)
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24)   Maps and other records regarding the location or security of generation,
      transmission, distribution, storage, gathering, treatment, or switching
      facilities owned by a utility, by a power generator, or by the Illinois Power
      Agency; (Section 7(1)(x) of FOIA)

25)   Information contained in or related to proposals, bids, or negotiations
      related to electric power procurement under Section 1-75 of the Illinois
      Power Agency Act [20 ILCS 3855] and Section 16-111.5 of the Public
      Utilities Act [220 ILCS 5] that is determined to be confidential and
      proprietary by the Illinois Power Agency or by the Illinois Commerce
      Commission; (Section 7(1)(y) of FOIA)

26)   Information about students exempted from disclosure under Section 10-
      20.38 or 34-18.29 of the School Code, and information about
      undergraduate students enrolled at an institution of higher education
      exempted from disclosure under Section 25 of the Illinois Credit Card
      Marketing Act of 2009 [110 ILCS 26]; (Section 7(1)(z) of FOIA)

27)   Information the disclosure of which is exempted under the Viatical
      Settlements Act of 2009 [215 ILCS 158]; (Section 7(1)(aa) of FOIA)

28)   Information regarding interments, entombments, or inurnments of human
      remains that are submitted to the Cemetery Oversight Database under the
      Cemetery Care Act [760 ILCS 100] or the Cemetery Oversight Act [225
      ILCS 411], whichever is applicable. (Section 7(1)(bb) of FOIA)

29)   Confidential information obtained by the Office of the Treasurer from a
      Technology Business, as defined by the Technology Development Act [30
      ILCS 265], consisting of trade secrets, commercial or financial
      information regarding the operation of the Technology Business or the
      competitive position of the Technology Business.

30)   Information that identifies the purchasers or qualified beneficiaries of any
      Illinois prepaid tuition contract or any terms or beneficiaries of any Illinois
      prepaid tuition contract or any terms or provisions of a contract as those
      terms and provisions relate to a particular purchaser or qualified
      beneficiary, or discloses any other matter relating to the participation of
      any purchaser or qualified beneficiary in the Illinois Bright Start program
      or in any independent plan under which that program is administered.
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       b)      A record that is not in the possession of the Office of the Treasurer but is in the
               possession of a party with whom the Office of the Treasurer has contracted to
               perform a governmental function on behalf of the Office of the Treasurer, and that
               directly relates to the governmental function and is not otherwise exempt under
               FOIA, shall be considered a record of the Office of the Treasurer for purposes of
               Subpart C. (Section 7(2) of FOIA)

Section 651.230 Statutory Exemptions

To the extent provided for by the following statutes, the following shall be exempt from
inspection and copying:

       a)      Library circulation and order records identifying library users with specific
               materials under the Library Records Confidentiality Act [75 ILCS 70].

       b)      Applications, related documents, and medical records received by the
               Experimental Organ Transplantation Procedures Board and any and all
               documents or other records prepared by the Experimental Organ Transplantation
               Procedures Board or its staff relating to applications it has received.

       c)      Information and records held by the Department of Public Health and its
               authorized representatives relating to known or suspected cases of sexually
               transmissible disease or any information the disclosure of which is restricted
               under the Illinois Sexually Transmissible Disease Control Act [410 ILCS 325].

       d)      Information the disclosure of which is exempted under Section 30 of the Radon
               Industry Licensing Act [420 ILCS 44].

       e)      Firm performance evaluations under Section 55 of the Architectural,
               Engineering, and Land Surveying Qualifications Based Selection Act [30 ILCS
               535].

       f)      Information the disclosure of which is restricted and exempted under Section 50
               of the Illinois Prepaid Tuition Act [110 ILCS 979].

       g)      Information the disclosure of which is exempted under the State Officials and
               Employees Ethics Act [5 ILCS 430] and records of any lawfully created State or
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     local inspector general's office that would be exempt if created or obtained by an
     Executive Inspector General's office under that Act.

h)   Information contained in a local emergency energy plan submitted to a
     municipality in accordance with a local emergency energy plan ordinance that is
     adopted under Section 11-21.5-5 of the Illinois Municipal Code [65 ILCS 5].

i)   Information and data concerning the distribution of surcharge moneys collected
     and remitted by wireless carriers under the Wireless Emergency Telephone Safety
     Act [20 ILCS 2605].

j)   Law enforcement officer identification information or driver identification
     information compiled by a law enforcement agency or the Department of
     Transportation under Section 11-212 of the Illinois Vehicle Code [625 ILCS 5].

k)   Records and information provided to a residential health care facility resident
     sexual assault and death review team or the Executive Council under the Abuse
     Prevention Review Team Act [210 ILCS 28].

l)   Information provided to the predatory lending database created pursuant to
     Article 3 of the Residential Real Property Disclosure Act [765 ILCS 77], except to
     the extent authorized under that Article.

m)   Defense budgets and petitions for certification of compensation and expenses for
     court appointed trial counsel as provided under Sections 10 and 15 of the Capital
     Crimes Litigation Act [725 ILCS 124]. This subsection (n) shall apply until the
     conclusion of the trial of the case, even if the prosecution chooses not to pursue
     the death penalty prior to trial or sentencing.

n)   Information that is prohibited from being disclosed under Section 4 of the Illinois
     Health and Hazardous Substances Registry Act [410 ILCS 525].

o)   Security portions of system safety program plans, investigation reports, surveys,
     schedules, lists, data, or information compiled, collected or prepared by or for the
     Regional Transportation Authority under Section 2.11 of the Regional
     Transportation Authority Act [70 ILCS 3615] or the St. Clair County Transit
     District under the Bi-State Transit Safety Act [45 ILCS 111].
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      p)     Information prohibited from being disclosed by the Personnel Records Review Act
             [820 ILCS 40].

      q)     Information prohibited from being disclosed by the Illinois School Student
             Records Act [105 ILCS 10].

      r)     Information the disclosure of which is restricted under Section 5-108 of the Public
             Utilities Act [220 ILCS 5]. (Section 7.5 of FOIA)

                    SUBPART C: PROCEDURES FOR REQUESTING
                  RECORDS FROM THE OFFICE OF THE TREASURER

Section 651.310 Submittal of Requests for Records

      a)     Any request for public records should be submitted in writing to the FOI Officer
             at the Office of the Treasurer.

      b)     The Office of the Treasurer has one FOI Officer, located in Springfield, Illinois.

      c)     Contact information for the FOI Officer may be found online at
             http://www.treasurer.il.gov/about-us/foia.aspx.

      d)     FOIA requests may be submitted via mail, e-mail, fax, or hand delivery.

             1)     Requests via mail or hand delivery, should be addressed and forwarded as
                    follows:

                            Illinois State Treasurer Dan Rutherford
                            ATTN: FOI Officer
                            1 West Old State Capitol Plaza, 4th Floor
                            Springfield, Illinois 62701

             2)     E-mailed requests should be sent to FOIA@treasurer.state.il.us, contain
                    the request in the body of the e-mail, and indicate in the subject line of the
                    e-mail that it contains a FOIA request.

             3)     Faxed FOIA requests should be faxed to (217) 557-5871, Attn: FOI
                    Officer.
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Section 651.320 Information To Be Provided in Requests for Records

A request for records should include:

       a)     The complete name, mailing address and telephone number of the requester;

       b)     As specific a description as possible of the records sought. Requests that the
              Office of the Treasurer considers unduly burdensome or categorical may be
              denied. (See Section 3(g) of FOIA and Section 651.402 of this Part.);

       c)     A statement as to the requested medium and format for the Office of the Treasurer
              to use in providing the records sought: for example, paper, specific types of
              digital or magnetic media, or videotape;

       d)     A statement as to the requested manner for the Office of the Treasurer to use in
              providing the records sought: for example, inspection at Office of the Treasurer
              headquarters or providing paper or electronic copies;

       e)     A statement as to whether the requester needs certified copies of all or any portion
              of the records, including reference to the specific documents that require
              certification; and

       f)     A statement as to whether the request is for a commercial purpose.

Section 651.330 Requests for Records for Commercial Purposes

       a)     It is a violation of FOIA for a person to knowingly obtain a record for a
              commercial purpose without disclosing that it is for a commercial purpose if
              requested to do so by the Office of the Treasurer. (Section 3.1(c) of FOIA)

       b)     The Office of the Treasurer shall respond to a request for records to be used for a
              commercial purpose within 21 working days after receipt. The response shall:

              1)      Provide to the requester an estimate of the time required by the Office of
                      the Treasurer to provide the records requested and an estimate of the fees
                      to be charged, which the Office of the Treasurer may require the person to
                      pay in full before copying the requested documents;
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             2)      Deny the request pursuant to one or more of the exemptions set out in
                     Section 651.202 or 651.203;

             3)      Notify the requester that the request is unduly burdensome and extend an
                     opportunity to the requester to attempt to reduce the request to
                     manageable proportions; or

             4)      Provide the records requested. (Section 3.1(a) of FOIA)

      c)     Unless the records are exempt from disclosure, the Office of the Treasurer shall
             comply with a request within a reasonable period considering the size and
             complexity of the request, and giving priority to records requested for non-
             commercial purposes. (Section 3.1(b) of FOIA)

                  SUBPART D: RESPONSE TO REQUESTS FOR RECORDS

Section 651.410 Timeline for Response

      a)     Except as stated in subsection (b) or (c), the Office of the Treasurer will respond
             to any written request for records within 5 business days after its receipt of the
             request. Failure to comply with a written request, extend the time for response, or
             deny a request within 5 business days after its receipt shall be considered a denial
             of the request. If the Office of the Treasurer fails to respond to a request within
             the requisite periods in this subsection (a) but thereafter provides the requester
             with copies of the requested records, it will not impose a fee for such copies. If
             the Office of the Treasurer fails to respond to a request received, it will not treat
             the request as unduly burdensome as provided under Section 651.402. (Section
             3(d) of FOIA) A written request from the Office of the Treasurer to provide
             additional information shall be considered a response to the FOIA request.

      b)     The time limits prescribed in subsection (a) may be extended for not more than 5
             business days from the original due date for any of the following reasons:

             1)      The requested records are stored in whole or in part at locations other
                     than the office having charge of the requested records;

             2)      The request requires the collection of a substantial number of specified
                     records;
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     3)     The request is couched in categorical terms and requires an extensive
            search for the records responsive to it;

     4)     The requested records have not been located in the course of routine
            search and additional efforts are being made to locate them;

     5)     The requested records require examination and evaluation by personnel
            having the necessary competence and discretion to determine if they are
            exempt from disclosure under Section 7 or 7.5 of FOIA or should be
            revealed only with appropriate deletions;

     6)     The request for records cannot be complied with by the Office of the
            Treasurer within the time limits prescribed by subsection (a) without
            unduly burdening or interfering with the operations of the Office of the
            Treasurer; or

     7)     There is a need for consultation, which shall be conducted with all
            practicable speed, with another public body or among two or more
            components of a public body having a substantial interest in the
            determination or in the subject matter of the request. (Section 3(e) of
            FOIA)

c)   The person making a request and the Office of the Treasurer may agree in writing
     to extend the time for compliance for a period to be determined by the parties. If
     the requester and the Office of the Treasurer agree to extend the period for
     compliance, a failure by the Office of the Treasurer to comply with any previous
     deadlines shall not be treated as a denial of the request for the records. (Section
     3(e) of FOIA)

d)   When additional time is required for any of the reasons set forth in subsection (b),
     the Office of the Treasurer will, within 5 business days after receipt of the request,
     notify the person making the request of the reasons for the extension and the date
     by which the response will be forthcoming. Failure to respond within the time
     permitted for extension shall be considered a denial of the request. If the Office
     of the Treasurer fails to respond to a request within the time permitted for
     extension but thereafter provides the requester with copies of the requested public
     records, it may not impose a fee for those copies. If the Office of the Treasurer
     issues an extension and subsequently fails to respond to the request, it will not
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             treat the request as unduly burdensome under Section 651.402. (Section 3(f) of
             FOIA)

Section 651.420 Requests for Records that the Office of the Treasurer Considers Unduly
Burdensome

      a)     The Office of the Treasurer will fulfill requests calling for all records falling
             within a category unless compliance with the request would unduly burden the
             Office of the Treasurer, there is no way to narrow the request, and the burden on
             the Office of the Treasurer outweighs the public interest in the information.
             Before invoking this exemption, the Office of the Treasurer will extend to the
             requester an opportunity to confer with it in an attempt to reduce the request to
             manageable proportions. (Section 3(g) of FOIA) The amended request must be
             in writing.

      b)     If the Office of the Treasurer determines that a request is unduly burdensome, it
             shall do so in writing, specifying the reasons why it would be unduly burdensome
             and the extent to which compliance will so burden the operations of the Office of
             the Treasurer. Such a response shall be treated as a denial of the request for
             information. (Section 3(g) of FOIA)

      c)     Repeated requests for records that are unchanged or identical to records
             previously provided or properly denied under this Part from the same person
             shall be deemed unduly burdensome. (Section 3(g) of FOIA)

Section 651.430 Requests for Records that Require Electronic Retrieval

      a)     A request for records that requires electronic retrieval will be treated the same as
             any other request for records, with the same timeline and extensions as allowed
             for other records.

      b)     The Office of the Treasurer will retrieve and provide electronic records only in a
             format and medium that is available to the Office of the Treasurer.

Section 651.440 Denials of Requests for Records

      a)     The Office of the Treasurer will deny requests for records when:
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             1)     Compliance with the request would unduly burden the Office of the
                    Treasurer, as determined pursuant to Section 651.402, and the requester
                    has not reduced the request to manageable proportions; or

             2)     The records are exempt from disclosure pursuant to Section 7 or 7.5 of
                    FOIA or Section 651.202 or 651.203 of this Part.

      b)     The denial of a request for records must be in writing.

             1)     The notification shall include a description of the records denied; the
                    reason for the denial, including a detailed factual basis for the application
                    of any exemption claimed; and the names and titles or positions of each
                    person responsible for the denial (Section 9(a) of FOIA);

             2)     Each notice of denial shall also inform such person of the right to review
                    by the Public Access Counselor and provide the address and phone
                    number for the Public Access Counselor (Section 9(a) of FOIA); and

             3)     When a request for records is denied on the grounds that the records are
                    exempt under Section 7 or 7.5 of FOIA, the notice of denial shall specify
                    the exemption claimed to authorize the denial and the specific reasons for
                    the denial, including a detailed factual basis and a citation to the
                    supporting legal authority (Section 9(b) of FOIA).

      c)     A requester may treat the Office of the Treasurer's failure to respond to a request
             for records within 5 business days after receipt of the written request as a denial
             for purposes of the right to review by the Public Access Counselor.

      d)     If the Office of the Treasurer has given written notice pursuant to Section
             651.401(d), failure to respond to a written request within the time permitted for
             extension may be treated as a denial for purposes of the right to review by the
             Public Access Counselor.

      e)     Any person making a request for records shall be deemed to have exhausted his
             or her administrative remedies with respect to that request if the Office of the
             Treasurer fails to act within the time periods provided in Section 651.401.
             (Section 9(c) of FOIA)

Section 651.450 Requests for Review of Denials − Public Access Counselor
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a)   A person whose request to inspect or copy a record is denied by the Office of the
     Treasurer may file a request for review with the Public Access Counselor
     established in the Office of the Attorney General not later than 60 days after the
     date of the final denial. (Section 9.5(a) of FOIA)

b)   If the Office of the Treasurer asserts that the records are exempt under Section
     651.202(a)(4) or (a)(7), it will, within the time periods provided for responding to
     a request, provide written notice to the requester and the Public Access
     Counselor of its intent to deny the request in whole or in part. The notice will
     include:

     1)     A copy of the request for access to records;

     2)     The proposed response from the Office of the Treasurer; and

     3)     A detailed summary of the Office of the Treasurer's basis for asserting the
            exemption. (Section 9.5(b) of FOIA)

c)   Upon receipt of a notice of intent to deny from the Office of the Treasurer, the
     Public Access Counselor shall determine whether further inquiry is warranted.
     The Public Access Counselor shall process the notification of intent to deny as
     detailed in Section 9.5(b) of FOIA. Times for response or compliance by the
     Office of the Treasurer under Section 651.401 will be tolled until the Public
     Access Counselor concludes his or her inquiry. (Section 9.5(b) of FOIA)

d)   Within 7 working days after the Office of the Treasurer receives a request for
     review from the Public Access Counselor, the Office of the Treasurer shall
     provide copies of records requested and shall otherwise fully cooperate with the
     Public Access Counselor. (Section 9.5(c) of FOIA)

e)   Within 7 working days after it receives a copy of a request for review and request
     for production of records from the Public Access Counselor, the Office of the
     Treasurer may, but is not required to, answer the allegations of the request for
     review. The answer may take the form of a letter, brief, or memorandum. The
     Public Access Counselor shall forward a copy of the answer to the person
     submitting the request for review, with any alleged confidential information to
     which the request pertains redacted from the copy. (Section 9.5(d) of FOIA)
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f)   The requester may, but is not required to, respond in writing to the answer within
     7 working days and shall provide a copy of the response to the Office of the
     Treasurer. (Section 9.5(d) of FOIA)

g)   In addition to the request for review, and the answer and response thereto, if any,
     a requester or the Office of the Treasurer may furnish affidavits or records
     concerning any matter germane to the review. (Section 9.5(e) of FOIA)

h)   A binding opinion from the Attorney General shall be binding upon both the
     requester and the Office of the Treasurer, subject to administrative review under
     Section 651.407. (Section 9.5(f) of FOIA)

i)   If the Attorney General decides to exercise his or her discretion to resolve a
     request for review by mediation or by a means other than issuance of a binding
     opinion, the decision not to issue a binding opinion shall not be reviewable.
     (Section 9.5(f) of FOIA)

j)   Upon receipt of a binding opinion concluding that a violation of FOIA has
     occurred, the Office of the Treasurer shall either take necessary action
     immediately to comply with the directive of the opinion or shall initiate
     administrative review under Section 651.407. If the opinion concludes that no
     violation of FOIA has occurred, the requester may initiate administrative review
     under Section 651.407. (Section 9.5(f) of FOIA)

k)   If the Office of the Treasurer discloses records in accordance with an opinion of
     the Attorney General, the Office of the Treasurer is immune from all liabilities by
     reason thereof and shall not be liable for penalties under FOIA. (Section 9.5(f) of
     FOIA)

l)   If the requester files suit under Section 651.406 with respect to the same denial
     that is the subject of a pending request for review, the requester shall notify the
     Public Access Counselor, and the Public Access Counselor shall so notify the
     Office of the Treasurer. (Section 9.5(g) of FOIA)

m)   The Attorney General may also issue advisory opinions to the Office of the
     Treasurer regarding compliance with FOIA. A review may be initiated upon
     receipt of a written request from the Treasurer or the Office of the Treasurer's
     General Counsel, which shall contain sufficient accurate facts from which a
     determination can be made. The Public Access Counselor may request additional
                                       ILLINOIS REGISTER                                         3285
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                                  OFFICE OF THE TREASURER

                                 NOTICE OF ADOPTED RULES

               information from the Office of the Treasurer in order to assist in the review. If
               the Office of the Treasurer relies in good faith on an advisory opinion of the
               Attorney General in responding to a request, the Office of the Treasurer is not
               liable for penalties under FOIA, so long as the facts upon which the opinion is
               based have been fully and fairly disclosed to the Public Access Counselor.
               (Section 9.5(h) of FOIA)

Section 651.460 Circuit Court Review

A requester also has the right to file suit for injunctive or declaratory relief in the Circuit Court
for Sangamon County or for the county in which the requester resides, in accordance with the
procedures set forth in Section 11 of FOIA.

Section 651.470 Administrative Review

A binding opinion issued by the Attorney General shall be considered a final decision of an
administrative agency, for purposes of administrative review under the Administrative Review
Law [735 ILCS 5/Art. III]. An action for administrative review of a binding opinion of the
Attorney General shall be commenced in Cook County or Sangamon County. An advisory
opinion issued to the Office of the Treasurer shall not be considered a final decision of the
Attorney General for purposes of this Section. (Section 11.5 of FOIA)

       SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS

Section 651.510 Inspection of Records

       a)      The Office of the Treasurer may make available records for personal inspection at
               the Office of the Treasurer's headquarters office located at the Illinois Business
               Center, 400 West Monroe Street, Suite 401, Springfield, Illinois 62704, or at
               another location agreed to by both the Office of the Treasurer and the requester.
               No original record shall be removed from State-controlled premises except under
               constant supervision of the agency responsible for maintaining the record. The
               Office of the Treasurer may provide records in duplicate forms, including, but not
               limited to, paper copies, data processing printouts, videotape, microfilm, audio
               tape, reel to reel microfilm, photographs, computer disks and diazo.

       b)      When a person requests a copy of a record maintained in an electronic format,
               the Office of the Treasurer shall furnish it in the electronic format specified by the
               requester, if feasible. If it is not feasible to furnish the records in the specified
                                    ILLINOIS REGISTER                                        3286
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                              OFFICE OF THE TREASURER

                              NOTICE OF ADOPTED RULES

             electronic format, then the Office of the Treasurer shall furnish it in the format in
             which it is maintained by the Office of the Treasurer, or in paper format at the
             option of the requester. (Section 6(a) of FOIA)

      c)     A requester may inspect records by appointment only, scheduled subject to space
             availability. The Office of the Treasurer will schedule inspection appointments to
             take place during normal business hours, which are 8:30 a.m. to 5:00 p.m.
             Monday through Friday, exclusive of State holidays. If the requester must cancel
             the viewing appointment, the requester shall so inform the Office of the Treasurer
             as soon as possible before the appointment.

      d)     In order to maintain routine Office of the Treasurer operations, the requester may
             be asked to leave the inspection area for a specified period of time.

      e)     The requester will have access only to the designated inspection area.

      f)     Requesters shall not be permitted to take briefcases, folders or similar materials
             into the room where the inspection takes place. An Office of the Treasurer
             employee may be present during the inspection.

      g)     The requester shall segregate and identify the documents to be copied during the
             course of the inspection.

Section 651.520 Copying of Records; Fees

      a)     In accordance with Section 651.503, unless a fee is otherwise fixed by statute, the
             Office of the Treasurer will provide copies of records and certifications of records
             in accordance with the fee schedule set forth in Appendix A.

      b)     In calculating its actual cost for reproducing records or for the use of the
             equipment of the Office of the Treasurer to reproduce records, the Office of the
             Treasurer will not include the costs of any search for and review of the records or
             other personnel costs associated with reproducing the records. (Section 6(b) of
             FOIA)

      c)     In order to expedite the copying of records that the Office of the Treasurer cannot
             copy, due to the volume of the request or the operational needs of the Office of
             the Treasurer, in the timelines established in Section 651.401, the requester may
             provide, at the requester's expense, the copy machine, all necessary materials, and
                                    ILLINOIS REGISTER                                       3287
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                              OFFICE OF THE TREASURER

                              NOTICE OF ADOPTED RULES

             the labor to copy the public records at the Office of the Treasurer headquarters in
             Section 651.501, or at another location agreed to by both the Office of the
             Treasurer and the requester. No original record shall be removed from State-
             controlled premises except under constant supervision of the agency responsible
             for maintaining the record.

      d)     Copies of records will be provided to the requester only upon payment of any fees
             due. The Office of the Treasurer may charge the requester for the actual cost of
             purchasing the recording medium, whether disc, diskette, tape, or other medium,
             but the Office of the Treasurer will not charge the requester for the costs of any
             search for and review of the records or other personnel costs associated with
             reproducing the records. (Section 6(a) of FOIA) Payment must be by check or
             money order sent to the Office of the Treasurer, payable to "Treasurer, State of
             Illinois".

      e)     If a contractor is used to inspect or copy records, the following procedures shall
             apply:

             1)     The requester, rather than the Office of the Treasurer, must contract with
                    the contractor;

             2)     The requester is responsible for all fees charged by the contractor;

             3)     The requester must notify the Office of the Treasurer of the contractor to
                    be used prior to the scheduled on-site inspection or copying;

             4)     Only Office of the Treasurer personnel may provide records to the
                    contractor;

             5)     The Office of the Treasurer must have verification that the requester has
                    paid the Office of the Treasurer, if payment is due, for the copying of the
                    records before providing the records to the contractor; and

             6)     The requester must provide to the Office of the Treasurer the contractor's
                    written agreement to hold the records secure and to copy the records only
                    for the purpose stated by the requester.

Section 651.530 Reduction and Waiver of Fees
                            ILLINOIS REGISTER                                       3288
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                      OFFICE OF THE TREASURER

                      NOTICE OF ADOPTED RULES

a)   Fees may be reduced or waived by the Office of the Treasurer if the requester
     states the specific purpose for the request and indicates that a waiver or reduction
     of the fee is in the public interest. In making this determination, the Office of the
     Treasurer will consider the following:

     1)     Whether the principal purpose of the request is to disseminate information
            regarding the health, safety, welfare or legal rights of the general public;
            and

     2)     Whether the principal purpose of the request is personal or commercial
            benefit. For purposes of this subsection (a), "commercial benefit" shall
            not apply to requests made by news media when the principal purpose of
            the request is to access and disseminate information regarding the health,
            safety, welfare or legal rights of the general public. (Section 6(c) of
            FOIA)

b)   The Office of the Treasurer will provide copies of records without charge to
     federal, State and municipal agencies, Constitutional officers and members of the
     General Assembly, and not-for-profit organizations providing evidence of good
     standing with the Secretary of State's Office.

c)   Except to the extent that the General Assembly expressly provides, statutory fees
     applicable to copies of records when furnished in a paper format will not be
     applicable to those records when furnished to a requester in an electronic format.
     (Section 6(a) of FOIA)
                                       ILLINOIS REGISTER                                  3289
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                                  OFFICE OF THE TREASURER

                                 NOTICE OF ADOPTED RULES

Section 651.APPENDIX A Fee Schedule for Duplication and Certification of Records


TYPE OF DUPLICATION                                    FEE (PER COPY)

Paper copy from original, up to and including 50
copies of black and white, letter or legal sized
copies                                                 No charge

Paper copy from original, in excess of 50 copies of
black and white, letter or legal sized copies          $.15/page

Paper copy from microfilm original                     $.15/page

Microfilm diazo from original                          $.50/diazo

VHS video copy of tape                                 Actual cost of the reproduction

Audio tape copy of tape                                Actual cost of the reproduction

CD ROM disk                                            Actual cost of the reproduction

Photograph from negative                               Actual cost of the reproduction

Blueprints/oversized prints                            Actual cost of the reproduction

Paper copies in color or in a size other than letter
or legal                                               Actual cost of the reproduction

Certification fee                                      $1.00/record
                                   ILLINOIS REGISTER                                      3290
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                                ILLINOIS RACING BOARD

                       NOTICE OF EMERGENCY AMENDMENTS

1)    Heading of the Part: Medication

2)    Code Citation: 11 Ill. Adm. Code 603

3)    Section Numbers:                     Emergency Action:
      603.60                               Amend
      603.75                               Amend
      603.160                              Amend

4)    Statutory Authority: 230 ILCS 5/9(b)

5)    Effective Date of Emergency Amendment: February 15, 2012

6)    If this emergency amendment is to expire before the end of the 150-day period, please
      specify the date on which they are to expire: The emergency rulemaking will expire at
      the end of the 150-day period, or upon adoption of permanent rules, whichever comes
      first.

7)    Date filed with the Index Department: February 15, 2012

8)    A copy of the emergency amendments, including any material incorporated by reference,
      is on file in the Illinois Racing Board's central office and is available for public
      inspection.

9)    Reason for Emergency: The Board relies on the Racing Commissioners International
      (RCI) Uniform Classification Guidelines for Foreign Substances when adjudicating
      medication positive tests on racehorses. The RCI recently made revisions to the
      guidelines (December 2011, version 3.00).

10)   A Complete Description of the Subjects and Issues Involved: This emergency
      rulemaking updates the Board's medication rules to accurately reflect the most current
      version of the RCI's Uniform Classification Guidelines for Foreign Substances.

11)   Are there any proposed rulemakings pending on this Part: No

12)   Statement of Statewide Policy Objectives: No local governmental units will be required
      to increase expenditures.

13)   Information and questions regarding these emergency amendments shall be directed to:
                                   ILLINOIS REGISTER                  3291
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                               ILLINOIS RACING BOARD

                       NOTICE OF EMERGENCY AMENDMENTS


              Mickey Ezzo
              Illinois Racing Board
              100 West Randolph
              Suite 7-701
              Chicago, Illinois 60601

              312/814-5017

The full text of the Emergency Amendments begins on the next page:
                                  ILLINOIS REGISTER                                  3292
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                               ILLINOIS RACING BOARD

                       NOTICE OF EMERGENCY AMENDMENTS

            TITLE 11: ALCOHOL, HORSE RACING, AND LOTTERY
                       SUBTITLE B: HORSE RACING
                    CHAPTER I: ILLINOIS RACING BOARD
      SUBCHAPTER c: RULES APPLICABLE TO ALL OCCUPATION LICENSEES

                                      PART 603
                                     MEDICATION

Section
603.10   Pre-Race Saliva Tests
603.20   Racing Soundness Exam
603.30   Foreign Substances and Pharmaceutical Aids Banned
603.40   Twenty-four Hour Ban
603.50   Trainer Responsibility
603.55   Prima Facie Evidence
603.60   Permitted Use of Foreign Substances and Threshold Levels
EMERGENCY
603.70   Furosemide
603.75   Environmental Contaminants
EMERGENCY
603.80   Needles, Syringes and Injectables
603.90   Drugs, Chemicals and Prescription Items
603.100  Detention Barn
603.110  Test Samples
603.120  Referee Samples
603.130  Laboratory Findings and Reports
603.140  Distribution of Purses
603.150  Post Mortems
603.160  Penalties
EMERGENCY
603.170  Veterinarian's Records
603.180  Carbon Dioxide Tests
603.190  Erythropoietin and Darbepoietin Antibody Testing Program
603.200  Out of Competition Testing
603.210  Androgenic-Anabolic Steroids (AAS)

AUTHORITY: Implementing and authorized by Section 9(b) of the Illinois Horse Racing Act of
1975 [230 ILCS 5/9(b)].
                                     ILLINOIS REGISTER                                       3293
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                                 ILLINOIS RACING BOARD

                        NOTICE OF EMERGENCY AMENDMENTS

SOURCE: Adopted at 21 Ill. Reg. 3232, effective March 4, 1997; amended at 22 Ill. Reg. 2217,
effective January 1, 1998; amended at 22 Ill. Reg. 3594, effective February 1, 1998; amended at
25 Ill. Reg. 15611, effective December 1, 2001; amended at 26 Ill. Reg. 12360, effective August
1, 2002; amended at 27 Ill. Reg. 5027, effective March 7, 2003; amended at 27 Ill. Reg. 7331,
effective April 15, 2003; amended at 28 Ill. Reg. 1374, effective January 19, 2004; amended at
28 Ill. Reg. 4751, effective March 1, 2004; emergency amendment at 28 Ill. Reg. 7565, effective
May 11, 2004, for a maximum of 150 days; emergency expired October 7, 2004; amended at 28
Ill. Reg. 11250, effective August 1, 2004; amended at 28 Ill. Reg. 15790, effective December 1,
2004; emergency amendment at 29 Ill. Reg. 2779, effective February 22, 2005, for a maximum
of 150 days; emergency amendment at 29 Ill. Reg. 4116, effective February 25, 2005, for a
maximum of 150 days; amended at 29 Ill. Reg. 5726, effective April 8, 2005; amended at 29 Ill.
Reg. 12265, effective July 24, 2005; amended at 29 Ill. Reg. 14038, effective September 1, 2005;
emergency amendment at 30 Ill. Reg. 14371, effective August 21, 2006, for a maximum of 150
days; amended at 30 Ill. Reg. 18729, effective November 20, 2006; amended at 31 Ill. Reg.
1478, effective January 1, 2007; emergency amendment at 31 Ill. Reg. 6680, effective April 23,
2007, for a maximum of 150 days; amended at 31 Ill. Reg. 12982, effective September 1, 2007;
amended at 32 Ill. Reg. 7397, effective May 1, 2008; amended at 33 Ill. Reg. 12571, effective
August 25, 2009; expedited correction at 34 Ill. Reg. 9551, effective August 25, 2009;
emergency amendment at 35 Ill. Reg. 265, effective December 17, 2010, for a maximum of 150
days; emergency amendment at 35 Ill. Reg. 2810, effective February 1, 2011, for a maximum of
150 days; amended at 35 Ill. Reg. 7400, effective April 25, 2011; amended at 35 Ill. Reg. 8485,
effective May 23, 2011; emergency amendment at 35 Ill. Reg. 15296, effective September 6,
2011, for a maximum of 150 days; emergency rule repealed by emergency amendment at 35 Ill.
Reg. 18434, effective October 24, 2011, for the remainder of the 150 days; amended at 36 Ill.
Reg. 330, effective January 1, 2012; emergency amendment at 36 Ill. Reg. 3290, effective
February 15, 2012, for a maximum of 150 days.

Section 603.60 Permitted Use of Foreign Substances and Threshold Levels
EMERGENCY

       a)     Non-Steroidal Anti-Inflammatories (NSAID): Threshold Levels

              1)      Only one non-steroidal anti-inflammatory drug (NSAID) may be present
                      in a horse's body while it is participating in a race. The presence of more
                      than one NSAID, greater than the threshold level, is forbidden and will
                      result in the purse being redistributed.

              2)      Subject to the prohibition contained in Section 603.40 (24 hour ban), the
                      only foreign substances that now meet the criteria established in Section
                      ILLINOIS REGISTER                                     3294
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                    ILLINOIS RACING BOARD

          NOTICE OF EMERGENCY AMENDMENTS

     603.80 are phenylbutazone (or its metabolite oxyphenylbutazone),
     flunixin, pyrilamine, isoxsuprine and ketoprofen.

3)   The threshold level of phenylbutazone shall be less than 5.0 micrograms
     (mcg) per milliliter (ml) of serum or plasma. The threshold level for
     oxyphenylbutazone shall be less than 5.0 mcg/ml of serum or plasma.

     A)      Within a 365 day period, in the event a post-race sample from a
             horse contains an amount of phenylbutazone or
             oxyphenylbutazone greater than or equal to 5.0 mcg/ml but less
             than 10.0 mcg/ml of serum or plasma, the trainer shall be subject to
             the following penalties absent mitigating circumstances:

             i)       first offense, minimum fine of $250;

             ii)      second offense, minimum fine of $500;

             iii)     third or subsequent offense, minimum fine of $1,000 and a
                      15 day suspension.

     B)      Within a 365 day period, in the event a post-race sample from a
             horse contains an amount of phenylbutazone or
             oxyphenylbutazone greater than or equal to 10.0 mcg/ml of serum
             or plasma, the trainer shall be subject to the following penalties
             absent mitigating circumstances:

             i)       first offense, minimum fine of $500 and the purse shall be
                      redistributed;

             ii)      second offense, minimum fine of $1,000, a 15 day
                      suspension and the purse shall be redistributed;

             iii)     third or subsequent offense, minimum fine of $2,500, a 30
                      day suspension and the purse shall be redistributed.

4)   The threshold level of flunixin shall be less than 20.0 ng/ml of serum or
     plasma and the threshold level of ketoprofen shall be less than 10.0 ng/ml
     of serum or plasma. In the event a post-race sample from a horse contains
     an amount of:
                      ILLINOIS REGISTER                                      3295
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                    ILLINOIS RACING BOARD

          NOTICE OF EMERGENCY AMENDMENTS


     A)      flunixin greater than or equal to 20.0 ng/ml but less than 100.0
             ng/ml or ketoprofen greater than or equal to 10.0 ng/ml but less
             than 50.0 ng/ml, the trainer shall be subject to the following
             penalties, within a 365 day period, and absent mitigating
             circumstances:

             i)       first offense, minimum fine of $250;

             ii)      second offense, minimum fine of $500;

             iii)     third or subsequent offense, minimum fine of $1,000 and a
                      15 day suspension.

     B)      flunixin greater than or equal to 100.0 ng/ml or ketoprofen greater
             than or equal to 50.0 ng/ml, the trainer shall be subject to the
             following penalties, within a 365 day period, and absent mitigating
             circumstances:

             i)       first offense, minimum fine of $500 and the purse shall be
                      redistributed;

             ii)      second offense, minimum fine of $1,000, a 15 day
                      suspension and the purse shall be redistributed;

             iii)     third or subsequent offense, minimum fine of $2,500, a 30
                      day suspension and the purse shall be redistributed.

5)   If the phenylbutazone, oxyphenylbutazone, flunixin or ketoprofen overage
     is due to the negligence of the veterinarian attending the horse, the
     veterinarian shall be subject to the same penalties as are set forth in
     subsections (a)(3)(A) and (B) and (a)(4)(A) and (B).

6)   To help horsemen determine the test levels of phenylbutazone,
     oxyphenylbutazone, flunixin, pyrilamine, isoxsuprine and ketoprofen, the
     Board laboratory will test, for the actual cost of processing the sample, all
     equine serum or plasma samples submitted to it that are accompanied by
     an affidavit indicating time, method, and route of administration.
                           ILLINOIS REGISTER                                         3296
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                       ILLINOIS RACING BOARD

                 NOTICE OF EMERGENCY AMENDMENTS

     7)     Penalties for violations of this Section shall be based on the following
            criteria:

            A)      previous warnings and rulings for violations of this Section;

            B)      the age and experience of the violator;

            C)      whether the violator has ever been the subject of a medication
                    ruling in this or any other racing jurisdiction;

            D)      what action, if any, was taken to avoid the violation;

            E)      the purse of the race.

b)   The following foreign substances may be administered externally to a horse
     entered to a race: Leg paints and liniment that do not contain any "caine"
     derivatives, pharmacodynamic and/or chemotherapeutic agents, and that can be
     applied topically without penetrating the skin.

c)   Subject to the prohibition contained in Section 603.40 (24-hour ban), the
     following foreign substances, commonly referred to as anti-bacterial, anti-fungal,
     anti-protozoal or anti-ulcer drugs, may be present in the body of a horse
     participating in a race.

     1)     Anti-Bacterials

            Amikacin
            Ampicillin
            Ampicillin sodium
            Azolsulfamide
            Chloramphenicol
            Doxycycline
            Enrofloxacin (Baytril)
            Erythromycin sulfate
            Gentamicin sulfate
            Kanamycin sulfate
            Methenamine
            Metronidazole
            Neomycin sulfate
                            ILLINOIS REGISTER                                         3297
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                        ILLINOIS RACING BOARD

               NOTICE OF EMERGENCY AMENDMENTS

            Nitrofurantoin
            Oxytetracycline
            Penicillin G. Benzathine
            Penicillin G. Potassium
            Sulfadimethozine
            Sulfadimethoxine
            Sulfamethoxazole
            Sulfametranidazole
            Sulfapyridine
            Sulfathiazole
            Tetracycline
            Trimethoprim

     2)     Anti-Fungals

            Amphotericin B
            Griseofulvin
            Neomycin Undecyclenate
            Nystatin

     3)     Anti-Protozoals

            Nitazoxanide (Navigator)
            Ponazuril (Marquis)
            Pyrimethamine (Daraprim)

     4)     Anti-Ulcers

            Cimetidine (Tagamet)
            Omeprazole (Prilosec or GastroGard)
            Ranitidine (Zantac)

d)   This listing of anti-bacterial, anti-fungal, anti-protozoal and anti-ulcer drugs is all
     inclusive and shall not include any other anti-bacterial, anti-fungal, anti-protozoal
     or anti-ulcer drug.

e)   A foreign substance of accepted therapeutic value may be administered as
     prescribed by a veterinarian when threshold levels and guidelines for its use have
     been approved by the Board and this Part has been duly amended. The Board
                                    ILLINOIS REGISTER                                       3298
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                                ILLINOIS RACING BOARD

                        NOTICE OF EMERGENCY AMENDMENTS

              shall give due consideration to threshold levels and guidelines, when making
              additions to the permitted list, that have been established by the Quality
              Assurance Program Committee of the Association of Racing Commissioners
              International (ARCI, 1510 Newtown Pike, Suite 210, Lexington KY 40511;
              DecemberAugust 2011 version 3.002.01; this incorporation includes no later
              amendments or editions).

       f)     Official test samples may contain the following drug substance, or its metabolites,
              in an amount that does not exceed the threshold level:

              1)     The threshold level of isoxsuprine shall be less than 1,000.0 ng/ml in
                     urine.

              2)     The threshold level of pyrilamine shall be less than 50.0 ng/ml in urine.

       g)     The provisions of this Section shall be applied retroactively when substantively
              applicable, including all actions pending before the Board without regard to when
              the cause of action accrued; provided, however, that this subsection shall not
              operate to affect rights of individuals that have fully vested.

       (Source: Amended by emergency rulemaking at 36 Ill. Reg. 3290, effective February 15,
       2012, for a maximum of 150 days)

Section 603.75 Environmental Contaminants
EMERGENCY

The following drugs are recognized as substances that unavoidably become part of the food
supply or environment of the horse.

       a)     Benzoylecgonine (a metabolite of cocaine):

              1)     Each time the laboratory reports benzoylecgonine less than 150.0 ng/ml,
                     the Stewards shall conduct an inquiry. The presence of benzoylecgonine
                     in the horse shall be considered reasonable cause to order a drug screen on
                     the trainer, groom or any other licensed person who cares for the horse
                     pursuant to Section 508.50.

              2)     Laboratory reports of benzoylecgonine, greater than or equal to 150.0
                     ng/ml, shall be treated as a Class 1 drug, as defined in the Association of
                                    ILLINOIS REGISTER                                           3299
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                                ILLINOIS RACING BOARD

                       NOTICE OF EMERGENCY AMENDMENTS

                    Racing Commissioners International Uniform Classification Guidelines
                    for Foreign Substances (ARCI, 1510 Newtown Pike, Suite 210, Lexington
                    KY 40511; DecemberAugust 2011 version 3.002.01; this incorporation
                    includes no later amendments or editions).

      b)     Dimethyl Sulfoxide (DMSO):
             The test level of DMSO, greater than or equal to 500 mcg/ml, in urine shall be
             considered a violation of Section 603.50 and the trainer shall receive a fine of not
             less than $500 and the purse shall be redistributed.

      (Source: Amended by emergency rulemaking at 36 Ill. Reg. 3290, effective February 15,
      2012, for a maximum of 150 days)

Section 603.160 Penalties
EMERGENCY

      a)     Any person who administers or conspires to administer any foreign substance to
             any horse in violation of this Part shall be subject to a fine and/or license
             suspension or revocation and the purse money won may be re-distributed.

      b)     Penalties for violations of this Part shall be based on the following criteria:

             1)     the nature of the foreign substance; e.g., cough medicine, steroid, narcotic,
                    stimulant, depressant, etc.;

             2)     the accessibility of the drug; e.g., can be purchased over the counter, only
                    with a prescription, only with a license for controlled substances, cannot
                    be purchased in this country;

             3)     the age and experience of the violator;

             4)     whether the violator has ever been the subject of a medication ruling in
                    this or any other racing jurisdiction;

             5)     what action, if any, was taken by the violator to avoid the violation;

             6)     the purse of the race.
                            ILLINOIS REGISTER                                       3300
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                        ILLINOIS RACING BOARD

                 NOTICE OF EMERGENCY AMENDMENTS

c)   Any person who violates any provision of this Part for which no specific penalty
     is provided may be penalized by the stewards or the Board in accordance with the
     provisions for penalties contained elsewhere in this Chapter or in the Illinois
     Horse Racing Act of 1975. When imposing penalties, the stewards or the Board
     shall consider all relevant factors including, but not limited to those specified in
     this Part.

d)   In harness racing, any trainer suspended for a violation of this Part shall, upon
     notice of the violation, submit to the Stewards a current stable list on a form
     provided by the Board.

     1)     The horses on the stable list shall be placed on the Steward's List unless:

            A)      The owner of each horse on the stable list secures the services of a
                    trainer approved by the Stewards; and

            B)      The approved trainer stables the horses on the stable list on the
                    grounds of an organization licensee for the full term of the
                    penalized trainer's suspension;

     2)     Horses on the stable list shall be permitted to leave to race in other racing
            jurisdictions or for medical reasons.

e)   Penalties for Class 4 and 5 drug violations:

     1)     Class 4 as defined in the Association of Racing Commissioners
            International Uniform Classification Guidelines for Foreign Substances
            (ARCI, 1510 Newtown Pike, Suite 210, Lexington KY 40511;
            DecemberAugust 2011 version 3.002.01; this incorporation includes no
            later amendments or editions). Except as provided in Sections 603.60 and
            603.70 of this Part, upon finding of a Class 4 substance, the trainer shall
            be subject to a fine and/or license suspension or revocation and the purse
            money won may be re-distributed according to the criteria set forth in
            subsection (e)(3).

     2)     Class 5 as defined in the Association of Racing Commissioners
            International Uniform Classification Guidelines for Foreign Substances.
            Except as provided in Sections 603.75 and 603.60(c) of this Part, upon
            finding of a Class 5 substance, the trainer shall be subject to a fine and/or
                              ILLINOIS REGISTER                                        3301
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                         ILLINOIS RACING BOARD

                   NOTICE OF EMERGENCY AMENDMENTS

              license suspension or revocation and the purse money won may be re-
              distributed according to the criteria set forth in subsection (e)(3).

       3)     In determining a disqualification and purse redistribution under this
              subsection (e), the Stewards shall use the following criteria:

              A)      A recommendation by the Board veterinarian and/or Board chemist
                      regarding the significance of the concentration of the drug or
                      metabolite present and the estimated withdrawal time.

              B)      A recommendation by industry experts, including equine
                      pharmacologists and equine physiologists, regarding the effect of
                      the drug on the horse in the concentration found and/or estimated
                      withdrawal times.

              C)      Repeat violations of these medication and prohibited substance
                      rules by the same trainer or with respect to the same horse.

              D)      Prior violations of similar rules in other racing jurisdictions by the
                      same trainer or with respect to the same horse.

              E)      The criteria set forth in subsection (b).

       4)     The provisions of this subsection (e) shall be applied retroactively when
              substantively applicable, including all actions pending before the Board,
              without regard to when the cause of action accrued; provided, however,
              that this subsection (e)(4) shall not operate to affect rights of individuals
              that have fully vested prior to April 23, 2007.

(Source: Amended by emergency rulemaking at 36 Ill. Reg. 3290, effective February 15,
2012, for a maximum of 150 days)
                                  ILLINOIS REGISTER                                    3302
                                                                                      12
                         DEPARTMENT OF PUBLIC HEALTH

             NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT

1)   Heading of the Part: Sheltered Care Facilities Code

2)   Code Citation: 77 Ill. Adm. Code 330

3)   Section Number:              Proposed Action:
     330.1156                     New

4)   Date Notice of Proposed Amendment Published in the Illinois Register:

     June 24, 2011; 35 Ill. Reg. 9957

5)   Reason for Withdrawal:

     The Department proposed the amendments to Part 330 to fulfill a requirement, in Public
     Act 96-1372, that the Department "adopt, by rule, a protocol specifying how informed
     consent for psychotropic medication may be obtained or refused". During the public
     comment period, these amendments were denounced by all commentators, who cited
     manifold problems with the language. Rather than try to revise the language, the
     Department is withdrawing the rulemaking to re-propose re-drafted language at a later
     date.
                                  ILLINOIS REGISTER                                    3303
                                                                                      12
                         DEPARTMENT OF PUBLIC HEALTH

             NOTICE OF WITHDRAWAL OF PROPOSED AMENDMENT

1)   Heading of the Part: Illinois Veterans' Homes Code

2)   Code Citation: 77 Ill. Adm. Code 340

3)   Section Number:      Proposed Action:
     340.1615             New

4)   Date Notice of Proposed Amendment Published in the Illinois Register: June 24, 2011;
     35 Ill. Reg. 9979

5)   Reason for Withdrawal:

     The Department proposed the amendments to Part 340 to fulfill a requirement, in Public
     Act 96-1372, that the Department "adopt, by rule, a protocol specifying how informed
     consent for psychotropic medication may be obtained or refused". During the public
     comment period, these amendments were denounced by all commentators, who cited
     manifold problems with the language. Rather than try to revise the language, the
     Department is withdrawing the rulemaking to re-propose re-drafted language at a later
     date.
                                   ILLINOIS REGISTER                                       3304
                                                                                          12
                               DEPARTMENT OF LABOR

        NOTICE OF CORRECTION TO NOTICE OF PUBLIC INFORMATION

1)   Heading of the Notice: Notice of Public Information

2)   Statutory Authority: 820 ILCS 130/11a

3)   Register citation of Notice of Public Information: 36 Ill. Reg. 1811

4)   Explanation: The Notice of Public Information published in the Illinois Register on
     February 3, 2012 contained the name of "Osterhoff Fence, 838 E. 4000 S. Road,
     Kankakee, IL 60901, IDOL Case No.(s): 2007-PW-JD01-0567 & 2010-PW-JD11-0512"
     stating "this debarment is effective until 4 years have elapsed from the date of publication
     of the list containing the name of the contractor". Osterhoff Fence is not under
     debarment and therefore should not have appeared on the Notice of Public Information .
                                      ILLINOIS REGISTER                                      3305
                                                                                            12
                    JOINT COMMITTEE ON ADMINISTRATIVE RULES
                                MARCH AGENDA

                                   SCHEDULED MEETING:

                               STRATTON OFFICE BUILDING
                                      ROOM A-1
                                 SPRINGFIELD, ILLINOIS
                                     MARCH 6, 2012
                                       9:30 A.M.


NOTICES: The scheduled date and time for the JCAR meeting are subject to change. Due to
Illinois Register submittal deadlines, the agenda below may be incomplete. Other items not
contained in this published agenda may be considered by the Committee at the meeting, and
items from the list may be postponed to future meetings.

It is the policy of the Committee to allow only representatives of State agencies to testify orally
on any rule under consideration at Committee hearings. If members of the public wish to
express their views with respect to a rulemaking, they should submit written comments to the
Office of the Joint Committee on Administrative Rules at the following address:

                            Joint Committee on Administrative Rules
                                  700 Stratton Office Building
                                   Springfield, Illinois 62706

                                      Email: jcar@ilga.gov
                                      Phone: 217/785-2254

                      RULEMAKINGS CURRENTLY BEFORE JCAR

PROPOSED RULEMAKINGS

       Central Management Services

1.     Pay Plan (80 Ill. Adm. Code 310)
              -First Notice Published: 35 Ill. Reg. 19885 - 12/23/11
              -Expiration of Second Notice: 3/24/12

       Education

2.     Public Schools Evaluation, Recognition and Supervision (23 Ill. Adm. Code 1)
              -First Notice Published: 35 Ill. Reg. 17572 - 11/4/11
                                    ILLINOIS REGISTER                                  3306
                                                                                      12
                   JOINT COMMITTEE ON ADMINISTRATIVE RULES
                               MARCH AGENDA

              -Expiration of Second Notice: 3/15/12

3.     School Construction Program (23 Ill. Adm. Code 151)
              -First Notice Published: 35 Ill. Reg. 17597 - 11/4/11
              -Expiration of Second Notice: 3/15/12

       Environmental Protection Agency

4.     Procedures For Collection of Air Pollution Site Fees (35 Ill. Adm. Code 251)
             -First Notice Published: 35 Ill. Reg. 16172 - 10/14/11
             -Expiration of Second Notice: 3/16/12

5.     Annual Emissions Report (35 Ill. Adm. Code 254)
             -First Notice Published: 35 Ill. Reg. 16178 - 10/14/11
             -Expiration of Second Notice: 3/16/12

       Financial and Professional Regulation

6.     Illinois Professional Land Surveyor Act of 1989 (68 Ill. Adm. Code 1270)
                -First Notice Published: 35 Ill. Reg. 19570 - 12/9/11
                -Expiration of Second Notice: 3/15/12

7.     The Structural Engineering Practice Act of 1989 (68 Ill. Adm. Code 1480)
              -First Notice Published: 35 Ill. Reg. 19596 - 12/9/11
              -Expiration of Second Notice: 3/15/12

       Gaming Board

8.     Video Gaming (General) (11 Ill. Adm. Code 1800)
             -First Notice Published: 35 Ill. Reg. 15418 - 9/23/11
             -Expiration of Second Notice: 3/11/12

       Healthcare and Family Services

89-150-11-19392 EMS
9.     Electronic Health Information Technology (89 Ill. Adm. Code 150)
              -First Notice Published: 35 Ill. Reg. 19392 - 12/2/11
              -Expiration of Second Notice: 3/31/12

       Higher Education
                                    ILLINOIS REGISTER                                       3307
                                                                                           12
                  JOINT COMMITTEE ON ADMINISTRATIVE RULES
                              MARCH AGENDA


10.   Program Review (Private Colleges and Universities) (23 Ill. Adm. Code 1030)
            -First Notice Published: 35 Ill. Reg. 19824 - 12/23/11
            -Expiration of Second Notice: 4/1/12

11.   Approval of New Units of Instruction, Research and Public Service at Public Institutions
      (23 Ill. Adm. Code 1050)
               -First Notice Published: 35 Ill. Reg. 19865 - 12/23/11
               -Expiration of Second Notice: 4/1/12

      Natural Resources

12.   Sport Fishing Regulations for the Waters of Illinois (17 Ill. Adm. Code 810)
             -First Notice Published: 35 Ill. Reg. 15868 - 10/7/11
             -Expiration of Second Notice: 3/8/12

13.   Hound Running Areas (17 Ill. Adm. Code 970)
            -First Notice Published: 35 Ill. Reg. 6742 - 4/22/11
            -Expiration of Second Notice: 4/1/12

14.   Designation of Restricted Waters in the State of Illinois (17 Ill. Adm. Code 2030)
            -First Notice Published: 35 Ill. Reg. 19045 - 11/18/11
            -Expiration of Second Notice: 3/8/12

      Pollution Control Board

15.   Underground Storage Tanks (35 Ill. Adm. Code 731)
            -First Notice Published: 35 Ill. Reg. 16183 - 10/14/11
            -Expiration of Second Notice: 3/8/12

16.   Petroleum Underground Storage Tanks (Releases Reported September 23, 1994 through
      June 23, 2002) (Repealer) (35 Ill. Adm. Code 732)
             -First Notice Published: 35 Ill. Reg. 16191 - 10/14/11
             -Expiration of Second Notice: 3/8/12

17.   Petroleum Underground Storage Tanks (Releases Reported On or After June 24, 2002)
      (35 Ill. Adm. Code 734)
               -First Notice Published: 35 Ill. Reg. 16338 - 10/14/11
               -Expiration of Second Notice: 3/8/12
                                   ILLINOIS REGISTER                                   3308
                                                                                      12
                  JOINT COMMITTEE ON ADMINISTRATIVE RULES
                              MARCH AGENDA

      Public Health

18.   Skilled Nursing and Intermediate Care Facilities Code (77 Ill. Adm. Code 300)
              -First Notice Published: 35 Ill. Reg. 9927– 6/24/11
              -Expiration of Second Notice: 4/10/12

19.   Health Care Employee Vaccination Code (77 Ill. Adm. Code 956)
             -First Notice Published: 35 Ill. Reg. 16431 - 10/14/11
             -Expiration of Second Notice: 3/21/12

      Revenue

20.   Retailers' Occupation Tax (86 Ill. Adm. Code 130)
             -First Notice Published: 35 Ill. Reg. 19649– 12/9/11
             -Expiration of Second Notice: 3/31/12

21.   Electronic Filing of Returns or Other Documents (86 Ill. Adm. Code 760)
             -First Notice Published: 35 Ill. Reg. 19452– 12/2/11
             -Expiration of Second Notice: 3/24/12

22.   TeleFile Program (Repealer) (86 Ill. Adm. Code 770)
             -First Notice Published: 35 Ill. Reg. 19459– 12/2/11
             -Expiration of Second Notice: 3/24/12

23.   Motor Fuel Tax (86 Ill. Adm. Code 500)
            -First Notice Published: 35 Ill. Reg. 19062– 11/18/11
            -Expiration of Second Notice: 3/31/12

24.   Environmental Impact Fee (86 Ill. Adm. Code 501)
             -First Notice Published: 35 Ill. Reg. 19123– 11/18/11
             -Expiration of Second Notice: 3/29/12

      State Universities Civil Service System

25.   State Universities Civil Service System (80 Ill. Adm. Code 250)
             -First Notice Published: 35 Ill. Reg. 17415– 10/28/11
             -Expiration of Second Notice: 3/31/12

EMERGENCY RULEMAKINGS
                                  ILLINOIS REGISTER                                   3309
                                                                                     12
                  JOINT COMMITTEE ON ADMINISTRATIVE RULES
                              MARCH AGENDA

      Board of Higher Education

26.   Private Business and Vocational Schools (23 Ill. Adm. Code 1095)
              -Notice Published: 36 Ill. Reg. 3067 - 2/24/12

      Housing Development Authority

27.   Homeownership Mortgage Loan Program (47 Ill. Adm. Code 300)
           -Notice Published: 36 Ill. Reg. 1783 - 2/3/12

EXEMPT RULEMAKINGS

      Pollution Control Board

28.   RCRA and UIC Permit Programs (35 Ill. Adm. Code 702)
           -Proposed Date: 35 Ill. Reg. 17190 - 10/28/11

29.   UIC Permit Program (35 Ill. Adm. Code 704)
            -Proposed Date: 35 Ill. Reg. 17215 - 10/28/11

30.   Procedures for Permit Issuance (35 Ill. Adm. Code 705)
            -Proposed Date: 35 Ill. Reg. 17256 - 10/28/11

31.   Underground Injection Control Operating Requirements (35 Ill. Adm. Code 730)
            -Proposed Date: 35 Ill. Reg. 17264 - 10/28/11
                                    ILLINOIS REGISTER                                   3310
                                                                                       12
                   JOINT COMMITTEE ON ADMINISTRATIVE RULES
                           ILLINOIS GENERAL ASSEMBLY

                              SECOND NOTICES RECEIVED


The following second notices were received by the Joint Committee on Administrative Rules
during the period of February 15, 2011 through February 21, 2012 and have been scheduled for
review by the Committee at its March 6, 2012 meeting. Other items not contained in this
published list may also be considered. Members of the public wishing to express their views
with respect to a rulemaking should submit written comments to the Committee at the following
address: Joint Committee on Administrative Rules, 700 Stratton Bldg., Springfield IL 62706.


Second                                                               Start
Notice                                                               Of First        JCAR
Expires       Agency and Rule                                        Notice          Meeting

3/31/12       State Universities Civil Service System, State         10/28/11        3/6/12
              Universities Civil Service System (80 Ill. Adm.        35 Ill. Reg.
              Code 250)                                              17415

3/31/12       Department of Healthcare and Family Services,          12/2/11         3/6/12
              Electronic Health Information Technology (89           35 Ill. Reg.
              Ill. Adm. Code 150)                                    19392

3/31/12       Department of Revenue, Retailers' Occupation           12/9/11         3/6/12
              Tax (86 Ill. Adm. Code 130)                            35 Ill. Reg.
                                                                     19649

3/31/12       Department of Revenue, Motor Fuel Tax (86 Ill.         11/18/11        3/6/12
              Adm. Code 500)                                         35 Ill. Reg.
                                                                     19062

4/1/12        Board of Higher Education, Program Review              12/23/11        3/6/12
              (Private Colleges and Universities) (23 Ill.           35 Ill. Reg.
              Adm. Code 1030)                                        19824

4/1/12        Board of Higher Education, Approval of New             12/23/11        3/6/12
              Units of Instruction, Research and Public              35 Ill. Reg.
              Service at Public Institutions (23 Ill. Adm. Code      19865
              1050)
                             ILLINOIS REGISTER                      3311
                                                                   12
             JOINT COMMITTEE ON ADMINISTRATIVE RULES
                     ILLINOIS GENERAL ASSEMBLY

                        SECOND NOTICES RECEIVED

4/1/12   Department of Natural Resources, Hound   4/22/11        3/6/12
         Running Areas (17 Ill. Adm. Code 970)    35 Ill. Reg.
                                                  6742
                           ILLINOIS ADMINISTRATIVE CODE
                             Issue Index - With Effective Dates
Rules acted upon in Volume 36, Issue 9 are listed in the Issues Index by Title number, Part number, Volume and
Issue. Inquiries about the Issue Index may be directed to the Administrative Code Division at (217) 782-7017/18.


PROPOSED RULES
80 - 303                      ....................... 3153
11 - 603                      ....................... 3162
50 - 7110                     ....................... 3164
77 - 330                      ....................... 3302
77 - 340                      ....................... 3303

ADOPTED RULES
41 - 176   2/15/2012 ....................... 3187
77 - 515   2/15/2012 ....................... 3208
23 - 3010  2/16/2012 ....................... 3217
23 - 3020  2/16/2012 ....................... 3248
2 - 651    2/15/2012 ....................... 3259
2 - 651    2/15/2012 ....................... 3261

EMERGENCY RULES
11 - 603   2/15/2012 ....................... 3290
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